From 9 December 2017, sex or gender no longer affects the right to marry under Australian law and same-sex marriage will become legal in Australia.
The Marriage Amendment (Definition and Religious Freedoms) Act 2017 amends the Marriage Act 1961 to redefine marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'.
The Attorney-General’s Department has produced a fact sheet to inform people about the changes.
Same-sex divorce in Australia and overseas
Same-sex couples whose marriages are recognised can access Australia's divorce system, regardless of when the marriage was solemnised. The divorces of same-sex couples who divorced overseas before 9 December 2017 are also recognised in Australia.
Same-sex couples who divorce overseas on or after 9 December 2017 will have their divorce recognised in Australia in the same circumstances as any other married couple.
Application for Divorce (Same-sex couples)
Applications for Divorce (Same-sex couples) cannot be completed online at this stage. You will need to contact the courts’ National Enquiry Centre for more information.