As of 19 July 2026, Australia has not abolished no-fault divorce or changed the basic 12-month separation requirement. The most recent developments concern filing fees, short marriages, court attendance and post-separation property settlements.
Latest changes
1. Divorce filing fees increased on 1 July 2026
The Federal Circuit and Family Court fees are now:
- Standard divorce application: $1,170, increased from $1,125.
- Reduced divorce fee: $390, increased from $375.
A reduced fee may be available for eligible concession-card holders or people experiencing financial hardship. For a joint application, both applicants generally must qualify. Federal Circuit and Family Court fee announcement
2. Simplified divorce for marriages under two years
Since 10 June 2025, people married for less than two years no longer need to:
- Attend reconciliation counselling;
- File a counselling certificate; or
- Ask the court for special permission to apply without one.
They must still have been separated for at least 12 months and one day before applying. Attorney-General’s Department
3. Fewer mandatory divorce hearings
Since 10 June 2025, the court can decide a sole divorce application without the applicant attending, even when there are children under 18. The court can still require attendance in particular circumstances, including contested cases or problems with service and evidence.
4. Family violence now expressly affects property settlements
The largest recent reform concerns property rather than the divorce order itself. Since 10 June 2025, courts must consider the economic effect of family violence where relevant, including financial or economic abuse.
Examples may include:
- Preventing a spouse from working;
- Controlling all income and expenditure;
- Creating debts in the other spouse’s name;
- Damaging property;
- Ongoing medical, counselling or rehabilitation expenses;
- Violence that made one party’s contributions substantially more difficult.
This does not automatically produce a particular percentage adjustment. Evidence of the violence and its economic effect remains important. Government property-reform fact sheet
5. New rules for family pets
Courts now deal with companion animals under a specific framework. They can consider:
- Who acquired and cared for the animal;
- Each person’s ability to care for it;
- Children’s attachment to it;
- Actual or threatened animal abuse; and
- Whether retaining the animal would expose someone to family violence.
The court may order sole ownership or transfer of the pet, but cannot create a shared-custody arrangement for it.
6. Financial disclosure is now expressly in the Act
The continuing obligation to disclose relevant property, income, debts, superannuation and financial documents is now contained in the Family Law Act itself. Non-disclosure can result in:
- An unfavourable property adjustment;
- Costs orders;
- Proceedings being delayed or dismissed; or
- Contempt penalties in serious cases.