Marriage, Divorce and Annulment

Based on the SA Law Handbook published by the Legal Services Commission of South Australia, as amended by Legal Aid NT. Dates indicating the most recent revision are noted at the end of the sections below.

Marriage

The law regulating marriage in Australia is contained in the Marriage Act 1961 (Cth).

The Marriage Act 1961 (Cth) (“MA”) sets out who may marry, who may perform the marriage ceremony, how the ceremony is to be conducted and where and when it may be performed.

All references in this section are to this Act unless otherwise stated.

Who may marry?

Any person 18 years or older may marry provided they are:

• legally able to consent
• not married to someone else
• not in a prohibited relationship (such as that of a grandparent, parent, sibling) with the proposed spouse. [see ss 11, 23 MA]

A person who is under 18 may marry provided:

• they are at least 16 years of age
• their proposed spouse is at least 18 years of age
• they obtain a court order authorising the marriage (the relevant court is the Magistrates Court)
• they have the written consent of their parents or guardians (unless a court has given the consent in place of the parents). [see ss 12, 13 MA]

Marriage irrespective of sex or gender identity

Since changes to the Marriage Act 1961 (Cth) on 9 December 2017, it is possible for couples to be legally married in Australia irrespective of their sex or gender identity. From this date, all marriages lawfully solemnised overseas may also be recognised as lawful marriages in Australia, irrespective of the sex or gender identity of the spouses.

The Sex Discrimination Act 1984 (Cth) was also amended to ensure that it is not unlawful discrimination for a minister of religion or religious marriage celebrant or chaplain to refuse to marry a couple based on their sexuality or gender.

Forced marriage

It is an offence to force someone, with the use of coercion, threat or deception, to marry another person. It is also an offence to marry someone against their will.

The definition of marriage for the purposes of these offences is broader than a marriage that may be recognised under Australian law (see below 'Are foreign marriages recognised in Australia?').

The maximum penalty for these offences is imprisonment for 7 years, or 9 years for an offence aggravated by the age of the victim, subjecting the victim to cruel, inhumane or degrading treatment or putting the victim in danger of serious harm or death. The aggravating features of these offences may occur wholly outside of Australia. [See Criminal Code Act 1995 (Cth) ss 270.7A, 270.7B, 270.8 and 270.9]

What documents have to be filed before a marriage can take place?

Before a marriage ceremony can take place, a Notice of Intended Marriage Form must be given to the marriage celebrant, not more than 18 months and not less than one month before the date of the intended marriage. The notice must give all the required details and be signed by each of the intending spouses in the presence of the celebrant or another person authorised under the Marriage Act [see s 42]. The authorised witness may be present in person or observe the signatures via audio visual link.

Each spouse must complete and sign a declaration stating their current marital status and that they believe there is no legal reason why the marriage should not take place. Birth certificates or extracts (showing the date and place of birth) or, if not obtainable, a statutory declaration giving these details, must be produced [see s 42].

Is evidence of divorce required?

Yes. A divorced or widowed person must produce evidence of the divorce, or a death certificate.

In special cases, all or any of these requirements may be relaxed.

What is a valid ceremony?

To be valid, a marriage must be performed by an authorised celebrant, who may be:

• a minister of religion registered under the Act
• the Registrar of Marriages for the State or Territory where the marriage is to take place
• a person authorised by the Commonwealth Attorney-General.

Civil marriage celebrants (listed in the Yellow Pages) charge while ministers of religion usually receive a donation.

Marriages can occur at any time or any place, as long as two adult witnesses are present.

Must I change my name?

No one is required to change their name when they marry. A person who decides to take their partner's last name following marriage may start using their new name immediately and does not need to register the name change. Individual agencies and services will need to be notified to ensure the name change is recorded. Organisations may have different requirements for changing your name. Some will require an official change of name certificate.

How do I obtain a marriage certificate, and what is it used for?

Commemorative marriage certificates are prepared on the day of the marriage by the marriage celebrant and signed by the couple, the celebrant and two witnesses, who must be 18 years of age or over.

The certificate is usually given to the married couple after the ceremony. The celebrant must forward a second certificate to the Registrar of Births, Deaths and Marriages within 14 days, for the official recording of the marriage [section 50(4) MA].

Once the marriage is officially recorded, you can apply to the Registrar of Births, Deaths and Marriages for a certificate of marriage which is signed and sealed by the Registrar.

Marriage certificates provide proof of a marriage and are needed for many purposes, such as obtaining passports, evidence in probate cases and when applying to a court under the Family Law Act 1975 (Cth).

Are foreign marriages recognised in Australia?

In general, a marriage celebrated overseas is recognised in Australia as a valid marriage if it is valid according to the laws of the country in which the marriage took place. However, the marriage will not be valid in Australia if:

• either person is still married, ie a polygamous marriage [ss 23A(1)(a), 23B(1)(a) MA]
• either person is not of marriageable age
• the parties are within a prohibited relationship
• there was no real consent [see s 23B(1)(d) MA].

Even though it may be legal for a child with dual nationality to marry whilst under the age of 18 in the country of their other nationality, such a marriage will not be valid under Australian law, even once they turn 18.

A marriage celebrated outside Australia can be proved with an official extract from the foreign registry. Proof of a foreign marriage is needed, for example, in all applications to the Family Law Courts. Certificates in a foreign language must be filed with a translation and an affidavit by the translator that the person is competent to translate it. If a foreign marriage certificate is unavailable, the Family Law Courts may accept other evidence as sufficient proof of the marriage.

Marriages performed in Australia according to the laws of another country are generally valid if made in the presence of consular or diplomatic staff from that country and provided they observe the rules about age and prohibited relationships [s 55 MA], see Annulment .

Does marriage give one party a right to sexual intercourse?

Marriage gives no right to sexual intercourse. A person may be convicted of sexual offending if they engage in sexual intercourse with their spouse without their spouse's consent.

In the case of PGA v The Queen (2012) 245 CLR 355; [2012] HCA 21 the High Court held that, if a common law right existed that exempted a husband from being prosecuted for raping his wife, it had ceased to exist by the time the Criminal Law Consolidation Act 1935 (SA) was enacted. Section 48 of that Act codified the criminal offence of rape, and the Court found that the marital exemption was no longer part of the common law by that time.

Does marriage affect a will?

In the NT, marriage revokes most parts of a will, unless the will was made in contemplation of marriage. However, any appointment of your spouse as executor or any gift to your spouse remains valid (section 14 of the Wills Act 2000 (NT) ). Neither separation nor divorce automatically revokes a will, but upon divorce, any gift or power to the former spouse is cancelled - unless there are specific conditions stating that they shall still apply notwithstanding a divorce (section 15 Wills Act 2000 (NT) ). To be safe, legal advice about wills should be sought upon marriage, separation or divorce. See Wills, in particular Revocation of Wills .

Are there alternatives to marriage?

A de facto relationship is recognised in many areas of the law. Some laws only recognise de facto relationships that have existed for a minimum period of time or where there is a child of the relationship.

Unlike other states and territories of Australia, the Northern Territory does not have a relationship registration scheme. There is no possibility to get a relationship officially registered.

For further comparison between De facto relationships and Marriage, see the table below.

De facto relationships and marriage compared

Application/Notice of commencing relationship lodged with

Unregistered de facto relationship: N/A
Marriage: Authorised celebrant

Fee for registration

Unregistered de facto relationship: N/A
Marriage: Notice of intended marriage registration fee $138 and ceremony/solemnisation fee $294 (as at 1 July 2025)

Ceremony

Unregistered de facto relationship: N/A
Marriage: Yes

Requirements of ending

Unregistered de facto relationship: Separation
Marriage: Application setting out that the marriage has broken down irretrievably evidenced by 12 months separation

Application to end relationship lodged with

Unregistered de facto relationship: N/A
Marriage: Federal Circuit and Family Court

When end takes effect

Unregistered de facto relationship: Upon separation
Marriage: 1 month after divorce order

Fee for ending

Unregistered de facto relationship: N/A
Marriage: $1,125; reduced fee $375 (as at 1 July 2025)

Centrelink

Unregistered de facto relationship: Yes
Marriage: Yes

Income tax

Unregistered de facto relationship: Yes
Marriage: Yes

Migration

Unregistered de facto relationship: Yes, after 1 year, child or waiver
Marriage: Yes

Property Settlement

Unregistered de facto relationship: Yes, after 2 years, child or waiver
Marriage: Yes

[Last Revised on 30 Jan 2025]

Divorce

While the law about marriage is in the Marriage Act 1961 (Cth), the law about divorce is in the Family Law Act 1975 (Cth) (FA).

What is divorce?

Divorce is the legal end of a marriage. It is generally taken to revoke any gift or power conferred under a will made by either party to the marriage.

A divorce does not resolve other issues that arise upon separation, such as the division of property, the provision of maintenance or parenting arrangements for children. These issues must be resolved separately and preferably before applying for divorce.

Parties have 12 months after a divorce order takes effect to resolve any issues regarding the division of property or the payment of maintenance or to apply to the Court for such orders. An extension of time may be requested but will not always be granted (see Family Law Act 1975 (Cth) s 44(3)).

Divorce applications are heard in the Federal Circuit and Family Court of Australia. Application forms and further information can be found on their website.

[Last Revised on 04 Jun 2025]

Grounds for divorce

On what grounds can I apply for divorce?

The only condition for divorce is the irretrievable breakdown of the marriage. A marriage is taken to have broken down irretrievably when both parties to the marriage have not been living as a married couple for at least 12 months and there is no chance of getting back together again. It does not matter who was at fault or whether both parties want a divorce.

From when does the 12 month period begin to run?

The 12 month period begins the day one or both parties leave the marriage.

Do I need to tell the other party that I am leaving the marriage?

You do not necessarily need to tell the other party, but you must make sure that you are leaving the marriage by your actions and at least in that way, you are clearly communicating it to them. Your actions might involve moving out of the same bedroom or accommodation or, if you are already living in separate accommodation, ceasing regular communication and commencing another relationship.

This is particularly important where you intend to separate under one roof (see Separation under one roof). In this case, although it is not necessary, it may be a good idea for you to tell the other that you are leaving the marriage, so there is no confusion and the other party does not hold out hope of you getting back together.

What if we tried to get back together, but then separated again?

After you separate, you can try to get back together once again for up to 3 months without having to start the whole 12 month separation period again. For example, if you separate for 3 months then get back together for 2 months, you only have to separate for a further 9 months before you can be considered to have been separated for at least 12 months [Family Law Act 1975 (Cth) s 50].

Isolated acts of sexual intercourse do not break the separation period [Feltus (1977) FLC 90-212].

Are there any other requirements?

Brief marriages

Until 10 June 2025, people married less than 2 years could not apply for divorce until they had either:

• attended marriage counselling (and had a certificate from the marriage counsellor indicating that they had considered reconciliation), or
• permission from the Court.

This requirement no longer applies. From 10 June 2025, those seeking a divorce need only show a separation period of at least 12 months, regardless of the length of their marriage.

Children of the marriage

If there are children of the marriage, the Court must be satisfied that proper arrangements have been made for the care, welfare and development of the children before granting divorce (Family Law Act 1975 (Cth) s 55A). Children of the marriage includes any children under the age of 18 years who were living with the parties at the time of the separation.

Details about the children must be provided to the Court, including:

• where and with whom they will live
• how often they see or communicate with the other parent
• their health and progress at school
• how the children are financially supported.

The Court has been reluctant to find that proper arrangements have been made where one party is not meeting their obligation to provide financial support for the children [see Opperman and Opperman [1978] HCA 53; (1978) 33 FLR 248].

The Registrar may ask further questions about these arrangements at the divorce hearing and, if completely satisfied, will make a declaration that, in all the circumstances, proper arrangements for the children's care, welfare and development have been made. In special circumstances, such as where the other party or the children cannot be found, these details are not needed for the divorce.

Although the Registrar has to approve the arrangements, they do not become court orders and are not enforceable as court orders. Separate applications must be made for parenting and child support orders.

[Last Revised on 04 Jun 2025]

Separation under one roof

What if we had to live together after we separated?

The law understands that sometimes following a separation, you and the other party may still have to share the same accommodation and one party may still perform some household services for the other, such as washing or ironing, for example, where it is necessary for the running of the home and the convenience of others who live there (Family Law Act 1975 (Cth) s 49(2) ). This is called separation under one roof.

As long as you can prove that one or both of you left the marriage and you began living independently of each other, the 12 month separation period can start to run and will not stop merely because you continue or resume sharing the same accommodation.

As each marriage is different, the facts tending to prove a separation under one roof may vary from case to case. Usually it is necessary to provide evidence (in an affidavit) to prove that you do not share any of the usual activities of marriage, such as:

• sleeping together in the same bed or room
• shopping and eating meals together
• entertaining friends
• going out together.

It will be easier to prove separation under one roof if:

• there were good reasons why you had to continue or resume sharing the same accommodation (such as for the sake of your children or one of you could not find or afford separate accommodation), and
• you do intend to live apart in the near future.

If you were to intend to continue living under one roof indefinitely, the Court might think there is a chance of you getting back together.

Is there anything we should do?

Yes. If you intend to rely on separation under one roof for the purposes of divorce, you should make sure that others know about it from the beginning of your separation, as the Court usually requires evidence (in an affidavit) from a neighbour, friend or relative (corroborative evidence) that there was a separation [see Pavey and Pavey (1976) 25 FLR 450].

[Last Revised on 04 Jun 2025]

Applying for divorce

To which court should applications be made?

All divorce applications should be made to Division 2 of the Federal Circuit and Family Court (see Family Law Practice Direction – Divorce proceedings (issued by the Federal Circuit and Family Court)).

Who can apply for divorce?

Before the Court can hear a divorce application there must be proof that either you or the other party have some link with Australia (Family Law Act 1975 (Cth) s 39(3)). At the date of application, one of you must be:

• an Australian citizen, or
• domiciled in Australia (that is, your permanent home is in Australia), or
• ordinarily resident in Australia and have lived in Australia for 12 months immediately before the application is made.

Do we have to apply together?

No. Either party to a marriage can apply for divorce. It does not matter whether both parties want a divorce.

If both parties do want a divorce, it is possible to apply together. The main advantage of applying together is that there is then no need for one party to serve the divorce application on the other party.

Do I need a lawyer to apply for divorce?

No. You do not usually need a lawyer representing you to apply for divorce. For most people divorce is simple and they can apply for it themselves. See Federal Circuit and Family Court's webpageHow do I apply for a divorce? for more information.

Divorce applications are now lodged electronically. Instructions on how to register to lodge electronically are available at the Federal Circuit and Family Court's webpage How do I register for the Commonwealth Courts Portal?

The Federal Circuit and Family Court webpage How do I apply for a divorce? also explains what to do if you are unable to electronically file your application.

If there are difficulties with the application process, for example if English is not the first language or if the application is complicated, there are services available to provide free legal assistance, like for example Legal Aid NT (see Contact points ).

What else will I need?

You will need to provide a copy of your marriage certificate to the Court, unless the Court already has it through other proceedings. If you are unable to do so, you must provide an affidavit with your application setting out the reasons why or give an undertaking to the Court, satisfactory to the Court, that you will provide it within a certain time.

If you were married in the Northern Territory, you can obtain a copy of your marriage certificate through the Births, Deaths and Marriages Office (see Contact Points). If you were married interstate or overseas, you will need to apply to the relevant authority in that state or country.

If your marriage certificate is not in the English language, you will also need to arrange for its translation by an accredited translator. The translation and an affidavit by the translator will need to be provided to the Court with your marriage certificate.

The translator must complete the Affidavit: Translation of Marriage Certificate and sign it before a Justice of the Peace or a lawyer.

Translation services are listed in the Yellow Pages.

How much does it cost?

Current family law fees are best checked on the Federal Circuit and Family Court website. The filing fee for a divorce application is $1,125 (as at 1 July 2025). If you hold a concession card or you cannot afford to pay the fee without financial hardship, you can apply for the fee to be reduced to $375 (as at 1 July 2025).

To apply for a fee reduction you need to fill in either an:

• Application for reduction of payment of divorce or decree of nullity – general or
• Application for reduction of payment of divorce or decree of nullity – financial hardship.

I have applied for divorce so that I can re-marry. Is it safe to set a date for my wedding?

You cannot remarry until your divorce is final and has taken effect [Family Law Act 1975 (Cth) s 59]. Therefore, it is best not to set dates for your wedding until then.

In most cases, a divorce order becomes final one month and one day after it is made. However, you do not know exactly when your application will be heard and whether the divorce order will be made at the first hearing or at a further hearing. A further hearing may be required, for example, if you are applying on your own and you have been unable to successfully serve the other party (see Serving a divorce application ) or if the other party opposes the divorce order.

There may also be a delay with the order taking effect if the other party appeals it (see The making of a divorce order).

Before remarrying in Australia, the parties must also lodge a Notice of Intended Marriage, together with certificates of divorce (if the parties were previously married) with the celebrant at least one month and one day before the marriage.

[Last Revised on 04 Jun 2025]

Serving a divorce application

Do I need to give the other party a copy of my application?

Unless you make the application together, you must make sure the other party receives a stamped copy of your application and the brochure called Marriage, Families and Separation at least 28 days before the hearing date (or 42 days if the other party is overseas) (Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 2.28). This is called service.

An explanation of what you need to do to satisfy the Court can be found on the Federal Circuit and Family Court website.

The Court will only be satisfied that you have served the other party if you file either an:

• Affidavit of Service by Post (Divorce) or
• Affidavit of Service by Hand (Divorce).

If you are confident that the other party will sign an Acknowledgment of Service (Divorce) and return it to you, you can post the documents with the Acknowledgment to the other party.

Once the other party has returned the Acknowledgment to you, you will need to complete an Affidavit of Service by Post (Divorce), sign it before a Justice of the Peace or lawyer and file it, together with the Acknowledgment.

If you are not confident the other party will sign an Acknowledgment and return it to you, you should arrange for a friend or relative over the age of 18 years, or a professional process server (listed in the Yellow Pages) to personally hand the documents to the other party.

Whoever serves the documents must ask the other party to sign the Acknowledgment and afterwards sign an Affidavit of Service by Hand (Divorce) in front of a Justice of the Peace or lawyer.

If the other party has signed the Acknowledgement of Service, that document needs to be attached to the Affidavit of Service by Hand (Divorce). If you recognise the other party's signature on the Acknowledgment, you can also take an Affidavit Proving Signature (Divorce) and a copy of the Acknowledgment to sign in front of a Justice of the Peace or lawyer.

All of the service documents must be filed in Court. See Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 2.45-2.46.

What if the other party is overseas?

If the other party is overseas the method of service will depend on whether the country is a party to the Hague Service Convention. The Attorney-General's Department keeps a copy of the convention, a list of all convention countries and the details of their central authority. This information is also available from the website for the Hague Conference on Private International Law.

If the country is a Hague Convention country the documents can only be served in a certain way. The Registrar may be able to, and in some cases must, forward the documents to that country which can take many months.

If the country is not a Hague Convention country, normal service is allowed, either personally or by post. See Family Law Regulations 2024 (Cth) Part 10.

What if I do not know the other party's whereabouts?

If you do not know where to find the other party or for whatever other reason are unable to serve the other party, the Court can order that:

• you serve someone else instead (this is called substituted service); or
• you need not provide any service at all (this is called dispensing with service).

The Court does not usually require you to go to great expense in trying to track down the other party, especially if you are experiencing financial hardship. It is not necessary, for example, to hire a private detective. The following inexpensive inquiries are often sufficient:

• searching the telephone book
• calling the other party, telling them of your application and asking their whereabouts
• calling the other party's family and friends, telling them of your application and asking for the other party's whereabouts
• following up with the other party's last known employer or solicitor, asking for a forwarding address
• placing advertisements in newspapers.

To apply for substituted service or dispensation from service, you need to file a separate Application in a Proceeding and an Affidavit setting out the efforts you have made to find the other party and what, if any, financial hardship you are experiencing. These documents may be filed at the same time as your application or at a later time when it becomes clear that you cannot find the other party.

If you are not represented by a lawyer, it is best to seek legal advice before making either of these applications.

Opposing divorce

On what grounds can I oppose a divorce?

There are only very limited grounds for opposing a divorce. It is not enough that you do not want a divorce or you want to get back together. As the only ground for divorce is the irretrievable breakdown of marriage, the only way to stop the divorce is to show that this has not occurred. You must prove either that you have not yet been separated for 12 months or that there is a chance you will get back together.

To prove that there is a chance you will get back together, you must show that both of you want to do so. Of course, this will be difficult if the other party has applied for divorce to end the marriage. You will have a better chance of getting the other party to reconsider if you can arrange, and they agree to attend, a counselling session with a counselling organisation.

What is required to oppose a divorce?

To oppose a divorce you need to prepare, file and serve a Response to Divorce form within 28 days of being served with the Application for Divorce (unless you were served outside of Australia, in which case you have 42 days).

What if I do not oppose the divorce, but there are mistakes in the application?

If you do not oppose the divorce, but there are mistakes in the application, seek legal advice.

It may be possible to prepare and file an affidavit explaining what facts are wrong in the application, what the true facts are and what evidence supports this. Such an affidavit must be filed at least 7 days before the divorce is listed for hearing.

How much does it cost?

There is currently no fee to file a response opposing a divorce.

Do I have to attend the hearing?

Yes. If you file a Response to Divorce both you and the other party must then attend the hearing.

[Last Revised on 04 Jun 2025]

The divorce hearing

Who will hear my application?

Divorce applications are usually heard by sessional registrars engaged by the Federal Circuit and Family Court. A registrar is a court lawyer who has been given the power to perform particular tasks, such as grant divorces.

Unless otherwise advised, all divorce hearings will occur via electronic means. Parties will be notified of the details for the electronic hearing in advance of their allocated Court date [Family Law Practice Direction – Divorce proceedings para 4.1].

When will my application be heard?

If either party applies for divorce on their own, it will be listed at least:

• 42 days later if the other party is in Australia, and
• 56 days later if the other party is overseas.

[Family Law Practice Direction – Divorce proceedings para 2.21]

Depending on the business of the Court, it may be listed more than 42 or 56 days after you file it. If the Application for Divorce is eFiled, the applicant(s) can choose the next available date on the Commonwealth Courts Portal.

Do I need to attend the hearing?

Generally, if you do not attend the hearing of your application (either electronically or in person), it may be dismissed in your absence.

Parties who have filed for divorce jointly can request that the application be heard without attendance of the parties or their legal representatives. A party who has filed for divorce on their own may also request that it be heard in the absence of the parties, and the Court may grant this request if the proceedings are undefended and the other party does not object to the hearing going ahead without party attendance [Family Law Act 1975 (Cth) s 98A].

If there are children of the marriage under the age of 18 years, the Court must be satisfied that proper arrangements have been made for the care, welfare and development of those children before granting divorce [see s 55A].

Is there anything else I should do before the hearing?

You can double check the date and time of the hearing of your divorce in the Commonwealth Courts Portal or by calling the National Enquiry Centre on 1300 352 000.

What should I do at the hearing?

Information on attending the Court via an electronic hearing can be found on the Federal Circuit and Family Court's Electronic Hearings website.

If the Court requires physical attendance, you should arrive at least 15 minutes early. When you arrive at the court building you should look for the name and number of your case and the number of the courtroom, as there are a number of courtrooms where cases are heard. A list of the cases being heard is displayed in the foyer of the court building. If possible, notify court staff when you arrive at the courtroom. Sit close by the courtroom so that you can hear when your case is called. When your case is called, you will go into the courtroom and sit at the long table (the bar table) facing the Registrar.

The hearing of the divorce is not likely to take more than a few minutes. The Registrar must be satisfied that the other party has been correctly served and that the 12 month separation period and other requirements have been proved.

[Last Revised on 04 Jun 2025]

The making of a divorce order

When will the divorce order take effect?

Once the Registrar is satisfied that the other party has been served and the 12 month separation period has passed (and any other requirements have been met) the Registrar will grant a divorce order.

The divorce order automatically becomes final and takes effect one month and one day later and is usually posted to each of the parties. Technically the parties are still married until the order becomes final, and they cannot remarry until it becomes final. [See Family Law Act 1975 (Cth) s 55(1)(a)]

Can the divorce order take effect any faster?

The one month waiting period can be shortened in special circumstances [Family Law Act 1975 (Cth) s 55(2)(b)].

What if we get back together?

The Court may rescind (cancel) a divorce order before it becomes final if the parties get back together. The parties would need to jointly file an Application in a Proceeding . See Family Law Act 1975(Cth) s 57 and Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.09.

What if the other party gave false evidence or forged my signature?

The Court may rescind (cancel) a divorce order before it becomes final if there has been a miscarriage of justice and, if it thinks fit, order that the proceedings be re-heard. See Family Law Act 1975 (Cth) s 58 and Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.09.

Can I appeal against a divorce order?

Yes, you can appeal a divorce order by filing an Application for Review within 28 days of the date of the order.

If either party appeals against the terms of a divorce order, the order will be automatically delayed in taking effect until one month after the appeal is heard and determined [see Family Law Act 1975 (Cth) s 55(3)].

No appeal can be made after a divorce order has taken effect and become final [see Family Law Act 1975 (Cth) s 60].

If you are thinking about appealing your divorce order, seek legal advice.

[Last Revised on 10 Jun 2025]

Checklist

Work out whether you can apply

• Do you or your partner have a link to Australia?
• Do you have grounds for divorce and meet all of the requirements?
• Have you been separated from the other party for at least 12 months?
• Do you have children? If so, have proper arrangements been made for their care?

Get instructions on how to apply for a divorce

Divorces are now lodged electronically and information about this process can be found on the Federal Circuit and Family Court's website (see How do I apply for a divorce ?).

After you have filled out the application you will need to sign it in front of a Justice of the Peace or a lawyer.

Gather supporting documents

• Do you have a copy of your marriage certificate?
• If your marriage certificate is not in the English language, do you have an accredited translation and an affidavit by the translator?
• Do you need to file any other affidavits?
• Were you separated under one roof? If so, you will need to file an affidavit providing evidence that you were separated under one roof.

File the application and supporting documents

Make two photocopies of the application and supporting documents.

If you are not using the Court's online portal, an application for divorce can be filed in the NT by either taking it or posting it to the Federal Circuit and Family Law Court Registry.

You will need to pay a filing fee online or at the registry by eftpos, debit card, or credit card. If you are paying by credit card, you can use the Credit Card Payment Form .

The court stamps and returns the copies which have the date of the hearing recorded on them.

Serve the application and supporting documents

If you are making an application on your own, you will need to serve the other party.

Do you know the whereabouts of the other party? If not, you will need to do what you can to find out.

You may need to consider making an application for substituted service or dispensation of service. You would need to file an Application in a Proceeding and an Affidavit. You should get legal advice.

[Last Revised on 10 Jun 2025]

Annulment

What is an annulment?

An application for an annulment (also called a decree of nullity) is an application for a court order that a marriage be declared invalid.

On what grounds can a marriage be declared invalid?

Invalidity may result from any one of the following:

• either partner was not of marriageable age
• bigamy (that is, one partner was already married at the time of the marriage ceremony)
• the people were within a prohibited relationship (for example, they were siblings or parent and child)
• either or both of the parties did not consent (the marriage took place through fraud, duress, mistake or mental incapacity)
• the ceremony was invalid (for example, the celebrant was not properly appointed).

Can a party to an annulled marriage remarry?

Partners to a void or invalid marriage may remarry at any time without entering a bigamous relationship [Family Law Act 1975 (Cth) s 71].

Can a party to an annulled marriage still apply for orders about children or property?

A partner to a void (annulled) marriage may still institute proceedings in the Family Law Court for orders about children, maintenance and property [Family Law Act 1975 (Cth) s 71].

A child of a void marriage is covered by the Family Law Act 1975 (Cth) [ss 60E, 60F].

[Last Revised on 03 Jun 2025]