Ongoing Revisions to Australia's Divorce Process: Key Insights for 2025
Danny Jovica
August 24, 2025
Australia’s recently updated divorce laws have introduced new pathways for those seeking to dissolve a marriage, aiming to simplify and streamline a traditionally challenging experience. These changes, which came into effect on 10 June 2025, are designed to ensure individuals and families have more accessible routes to finalise their legal relationship status while still prioritising children’s wellbeing.
In this blog post, we discuss some of the new requirements and how they may affect you, your children, and your property settlement options.
Australia’s Evolving Landscape for Divorce
Under recent amendments to the Family Law Act 1975, parties married for less than two years are no longer required to complete marriage counselling before filing for divorce. This is a significant departure from previous requirements, which mandated an attempt at counselling for younger marriages—but there remains a condition that you must have been separated for at least 12 months and one day before you can apply for a divorce.
The amendments also impact divorce hearings. Regardless of whether the divorce is applied for jointly or by a sole applicant—and even if there are children under 18—attending a divorce hearing may no longer be necessary. However, the Court can still request an appearance if it believes satisfactory arrangements have not been made for the children’s care or if either party specifically requests a hearing.
Key Considerations for Property and Children
Despite these streamlined rules, a divorce itself does not resolve financial and property matters. Once a divorce order becomes final, it triggers a 12-month timeframe within which parties must apply to formalise property settlements if needed. Parties who wish to finalise parenting arrangements may do so before or after a divorce, ensuring the children’s needs are always the highest priority.
If you are considering applying for a divorce, checking whether your property and parenting plans are in order is essential. While these legislative changes might reduce procedural requirements, careful consideration of each spouse’s and children’s best interests remains critical. Mediation can assist in navigating property division and children’s care, offering a collaborative, solution-focused environment without the typical adversarial pressures of legal proceedings.
Navigating These Changes with Confidence
As these changes come into effect, it is more important than ever to stay informed about your rights and options. Professional mediators can help you develop mutually agreeable solutions tailored to your family’s unique circumstances, helping you avoid unnecessary stress or prolonged disputes.
We welcome you to contact us at Mediator Life to discuss any questions about the new divorce guidelines, property settlement, or parenting arrangements. Our experienced team is committed to guiding you through the mediation process.
Make contact here: https://mediator.life/contact
Sources (Citations):
• Family Law Act 1975 (Cth), incorporating amendments effective from 10 June 2025.
• Relevant Family Court Rules and Practice Directions, 2025.
In this blog post, we discuss some of the new requirements and how they may affect you, your children, and your property settlement options.
Australia’s Evolving Landscape for Divorce
Under recent amendments to the Family Law Act 1975, parties married for less than two years are no longer required to complete marriage counselling before filing for divorce. This is a significant departure from previous requirements, which mandated an attempt at counselling for younger marriages—but there remains a condition that you must have been separated for at least 12 months and one day before you can apply for a divorce.
The amendments also impact divorce hearings. Regardless of whether the divorce is applied for jointly or by a sole applicant—and even if there are children under 18—attending a divorce hearing may no longer be necessary. However, the Court can still request an appearance if it believes satisfactory arrangements have not been made for the children’s care or if either party specifically requests a hearing.
Key Considerations for Property and Children
Despite these streamlined rules, a divorce itself does not resolve financial and property matters. Once a divorce order becomes final, it triggers a 12-month timeframe within which parties must apply to formalise property settlements if needed. Parties who wish to finalise parenting arrangements may do so before or after a divorce, ensuring the children’s needs are always the highest priority.
If you are considering applying for a divorce, checking whether your property and parenting plans are in order is essential. While these legislative changes might reduce procedural requirements, careful consideration of each spouse’s and children’s best interests remains critical. Mediation can assist in navigating property division and children’s care, offering a collaborative, solution-focused environment without the typical adversarial pressures of legal proceedings.
Navigating These Changes with Confidence
As these changes come into effect, it is more important than ever to stay informed about your rights and options. Professional mediators can help you develop mutually agreeable solutions tailored to your family’s unique circumstances, helping you avoid unnecessary stress or prolonged disputes.
We welcome you to contact us at Mediator Life to discuss any questions about the new divorce guidelines, property settlement, or parenting arrangements. Our experienced team is committed to guiding you through the mediation process.
Make contact here: https://mediator.life/contact
Sources (Citations):
• Family Law Act 1975 (Cth), incorporating amendments effective from 10 June 2025.
• Relevant Family Court Rules and Practice Directions, 2025.