Ending a marriage, de facto relationship or civil partnership

You should always get legal help when you end a marriage, de facto relationship or civil partnership (previously called registered relationship)—especially when you have children and joint property.

Divorce

The Federal Circuit and Family Court of Australia looks after all divorces. The Registry of Births, Deaths and Marriages does not register divorces.

Changing your name after divorce

If you have changed your family name to your spouse’s, you may choose to go back to your previous family name (or maiden name) after divorce. To change your family name, you will need to contact every organisation you have a personal account with to find out what evidence they need.

Married in Australia

If you were born in Australia and use your spouse's family name, you don't need to register your name change with the Registry of Births, Deaths and Marriages. To change back to your maiden name, you will need to contact every organisation you have a personal account with.

Organisations will require different proof of the name change, such as:

• an Australian birth certificate
• an Australian marriage certificate
• an Australian divorce document
• evidence of updated photo ID
• a combination of identity documents.

If you were born overseas, and legally changed your name to your spouse's, you will need to legally change your name again with the Registry of Births, Deaths and Marriages.

Married overseas

If you were married overseas, and legally changed your name to your spouse's with the Registry of Births, Deaths and Marriages, you need to legally change your name again with them.

De facto relationships

To officially end your de facto relationship, you need to inform your ex-partner.

You do not have to:

• apply to the Federal Circuit and Family Court of Australia
• fill in any forms
• receive a separation certificate.

Children

If your marriage or civil partnership breaks up and you have children, then you will want to make sure you and your ex-partner have organised appropriate care for your children.

Learn more about parenting arrangements and information about child support.

Money, property and possessions when your relationship ends

The court approaches dividing assets and debt the same way whether you are divorcing, ending your de facto relationship or civil partnership.

Read more about property and money after separation at the Australian Family Law Court website.

Transfer (stamp) duty will apply when land is transferred between spouses or de facto partners. An exemption may apply when the land is transferred to comply with a court order or agreement.

End a civil partnership

Your civil partnership (previously called registered relationship) ends if you or your partner passes away, marries or applies to the Registry of Births, Deaths and Marriages to end the partnership.

You and your ex-partner can apply individually or together to end the civil partnership.

Withdraw my application to end a civil partnership

You can withdraw your application within 90 days of lodging it.