Last updated 1 December 2024.

All same-sex married couples (including those married validly overseas before 9 December 2017) are automatically married couples for the purposes of the Family Law Act 1975 (Cth) (Family Law Act) and the principles that apply in relation to divorce.

Under the Australian Family Law Act, there is a single ground for divorce—the irretrievable breakdown of marriage (s 48(1)), and the precondition to filing the application for divorce with the court is that the court must be satisfied that:

  • the parties to the marriage have lived separately and apart for a continuous period of at least 12 months immediately prior to the application of the divorce being filed (s 48(2)). It is possible for parties to be officially separated but remain living together (s 49).
  • there is no reasonable likelihood of reconciliation between the parties (s 48(3)).

Same-sex divorces granted overseas under a foreign law prior to 9 December 2017 will be recognised in Australia. Same-sex divorces granted outside of Australia after 9 December 2017 will be recognised in Australia if they meet the requirements of the Family Law Act.