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.

The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage (i.e. divorce) under Part VI of the Family Law Act 1975.

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.