Family
Divorce and marriage equality, each delivered by referendum
Divorce became lawful only after the 1995 referendum, and marriage equality after the 2015 referendum. A 2019 vote eased the required period of living apart before divorce.
Key rules
- Divorce requires the spouses to have lived apart for two of the previous three years.
- Same-sex marriage has been available since the 2015 referendum.
- Courts must ensure proper provision for spouses and children before granting divorce.
Governing law
- Family Law (Divorce) Act 1996
- Marriage Act 2015
In practice
The 2019 referendum removed the four-year separation rule from the Constitution, but a statutory living-apart period still applies.