Date published: 10/11/25

Author: Sarah Basso, Senior Associate

If you have connections to England and Australia, it may be possible to apply for a divorce in either country. While for many people, the decision about where to apply for a divorce largely comes down to where the laws will provide the best financial outcome for that person, different divorce processes can also be relevant.

The English divorce process 

A no fault divorce process was introduced in England in April 2022. The sole basis for a divorce order being made is that the marriage has irretrievably broken down. This is confirmed by the person (or people) applying for the divorce order signing a statement of truth as part of the divorce application. You need to be married for 12 months before you can apply for a divorce, but there is no minimum period of separation that is required before a divorce application may be made.

You can apply for a divorce alone (known as a sole divorce application) or jointly with your spouse. Sole divorce applications tend to be preferred if there are concerns around whether the other spouse may try to delay the process, or if there is likely to be a dispute around whether a divorce application should be dealt with by an English Family Court or a court abroad. Joint applications may be preferred in some scenarios to keep tensions low.

With both sole and joint divorce applications, there are two main orders or stages if there is no dispute around the English Family Court granting a divorce order. The first is a conditional divorce order which cannot be applied for until 20 weeks after the divorce application is filed with the court. In practice, even if the conditional divorce order is applied for immediately after the 20 weeks has passed, it often takes a further one to three months for the conditional divorce order to be granted by the court depending on the number of other applications before the court at the time or if there are any issues with the application for the conditional divorce order. The conditional divorce order is granted at an unattended hearing. The second is a final divorce order which is the order that brings your marriage to an end. It can be applied for six weeks and one day after the conditional divorce order.

The Australian divorce process

Whilst there are various similarities between the English and Australian divorce processes, there are some significant differences.

Like in England, Australia has a no-fault divorce system. It has been in place since 1975. To apply for a divorce in Australia, at least one party must consider that the marriage has broken down and there is no likelihood of a reconciliation. This is established by the parties being separated for at least 12 months and 1 day and if the parties have been living separated under one roof, a witness statement may need to be submitted in support of the divorce application.

A divorce application can be made by one person, or jointly by both parties to the marriage. Like in England, if the application is a sole application (made by one person), the application will progress once the paperwork has been served on (or formally sent to) the other party, and acknowledged by the responding party. Subject to the responding party not disputing the application, the court will consider the divorce application and grant the divorce order at what is usually an unattended hearing, but there are some exceptions to this. The divorce order will automatically become final six weeks and one day after it is granted, and no further application is required.

Potential complications arising from an automatic final divorce order in Australia

Significantly, this means:

• the parties may well be divorced before financial matters are resolved (in Australia this is by way of a binding financial agreement – like a separation agreement but treated as binding like a court order if entered into the right way). Whilst usually, a divorce order and financial matters are dealt with by courts in the same country, it is important to note that in England, if a party passes away during financial proceedings, those proceedings come to an end and as the spouses are divorced, their claims against the other person’s estate may well be more limited. The position is different in Australia.
• a limitation period kicks in under Australian law. This means that an application for financial relief needs to be filed within one year of a divorce order and that otherwise permission of the court will be needed for financial matters to be determined. Comparatively, England does not have a limitation period, but the financial outcome may change overtime.

So where should I apply?

Sarah comments: “Making a decision about where to apply for a divorce order can be complicated and the best country for someone to apply for a divorce will vary depending on their particular circumstances. Many factors need to be considered including the financial implications of the divorce process, as well as the impact of a divorce process concluding before financial matters have been resolved. There can also be language and cost considerations to factor in, among other factors. This is why it is crucial to have specialist family law advice at an early stage in your separation, so you can then make informed decisions around how and where you wish to proceed”.

At Ketley Miller Joels, we have three specialist family lawyers who are qualified in England and Australia. If you are looking for a top family and divorce lawyer in London, then get in touch with us today to schedule a no-obligation consultation with our team.