Faster Divorce Pathway for Violence Circumstances

The Family Proceedings (Dissolution or Marriage or Civil Union for Family Violence) Amendment Act 2024 comes into force on Friday 17 October 2025 and allows people with a final protection order against their spouse or partner to dissolve a marriage or civil union without enduring the current two-year period of living apart. 

Under the Family Proceedings Act 1980, the grounds for a divorce require the marriage to have broken down irreconcilably, demonstrated by living apart for two years immediately prior to the filing of the application for a divorce. 

This amendment now provides that a marriage or civil union may be dissolved on the ground that the applicant is a protected person under a final protection order (or registered foreign protection order) made against their spouse or partner.  If this ground is met, the requirement of living apart for two years is removed.   The purpose of this change is to reduce harm caused by family violence and provide an easier exit for survivors of family violence to leave their marriage.

For further advice please contact Katie Jeffs, or a member of our Family Law team here.