The Family Law Amendment Act 2024 (Cth) introduces key reforms to simplify and modernise family law in Australia. A significant area affected is divorce applications and proceedings. This article explores the potential implications for individuals navigating the process under the updated legislative framework.
Previously, couples married for less than two years (wishing to apply for a divorce) had to attend counselling and obtain a certificate of reconciliation or seek court approval before applying for divorce. The amendments remove this requirement, ensuring all divorce applications are treated equally, regardless of the duration of the marriage. However, the fundamental separation period remains a pre-requisite for filing, being a minimum of 12 months and one day.
These changes simplify the process by removing procedural hurdles dependent on the length of the marriage. While the separation rule remains applicable, eliminating the need to attend counselling thereby reducing the administrative burdens and avoids delays for couples wanting to apply for a divorce.
The amendments also bring consistency to court attendance obligations. Whether filing jointly or solely, and whether or not there are children under 18 years, parties are no longer required to attend court for a divorce hearing. This rule (which already applied to joint applicants and sole applicants without children) now extends to sole applicants with children, creating a more efficient and less stressful process.
These changes will take effect from 10 June 2025 and will apply to both new applications and existing matters not yet finalised by that date.
If you are considering divorce, our experienced family law team is ready to assist with compassionate and professional guidance. We understand every situation is unique. Please contact us on 1300 285 888 to confidentially discuss your circumstances and explore your legal options today.
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