Divorce in Victoria is granted by the Federal Circuit and Family Court of Australia when the marriage has broken down irretrievably, shown by at least twelve months of separation. No fault needs proving, and you can apply alone or together. Once the divorce takes effect, you generally have twelve months to commence property settlement or maintenance proceedings. Here is how it works, and the traps we help clients avoid.
In this article
- How long do you have to be separated before you can divorce?
- Can you be separated while living under one roof?
- Should you apply for divorce alone or jointly?
- What does the court check about the children before granting a divorce?
- Can you divorce if you have been married less than two years?
- How much does a divorce cost, and how long does it take?
- Is there a time limit for property settlement after divorce?
- What does divorce do to your will and estate plan?
- What questions do people ask most about divorce?
- When should you involve a lawyer in a divorce?
- What is the bottom line on divorce in Victoria?
How long do you have to be separated before you can divorce?
Australia has had no-fault divorce for fifty years. The Federal Circuit and Family Court of Australia grants a divorce when satisfied the marriage has broken down irretrievably, demonstrated by the parties having lived separately and apart for at least twelve months, with no reasonable likelihood of reconciliation. Whose "fault" the separation was is legally irrelevant. One short reconciliation of up to three months does not restart the clock: the periods of separation either side are added together, although the time spent back together does not count towards the twelve months. The rule covers a single attempt at reconciliation only. Divorce is granted under the Family Law Act 1975 (Cth).
Can you be separated while living under one roof?
Separation is about the relationship ending, not the address changing. Many couples remain in the same home after separating, for the children or simply because Melbourne housing is expensive. The law recognises separation under one roof, but you must prove it: separate bedrooms and finances, the end of the domestic partnership, family and friends told. The court will expect an affidavit covering these matters, and preparing it properly the first time avoids a rejected application.
Should you apply for divorce alone or jointly?
Either spouse can apply alone, or you can apply jointly. A joint application is simpler: no formal service, and usually no court attendance. A sole application must be served on the other spouse in accordance with the rules. Since June 2025 an applicant who asks the court to decide the divorce in their absence generally does not need to attend the hearing, even where there are children under 18, unless the other spouse files a response opposing the divorce or asks to attend, or the court asks for attendance. You do not need your spouse's consent to divorce: if the twelve months are established and service is proved, opposition on the merits is close to futile.
What does the court check about the children before granting a divorce?
Where there are children under 18, the court will not finalise a divorce unless satisfied that proper arrangements exist for their care, such as housing, schooling, financial support and time with each parent, or that circumstances justify the divorce taking effect regardless. This is not a parenting trial; it is a check. But it is why the application asks detailed questions about the children, and why sloppy answers cause adjournments. For the substantive law about children, see our guides to parenting arrangements after separation and to how child support is calculated.
Can you divorce if you have been married less than two years?
For decades, couples married less than two years first had to attend counselling and file a certificate before applying. That requirement was repealed with effect from June 2025. Short marriages now divorce on the same twelve-month separation test as everyone else, one of several recent changes that have quietly modernised the system.
How much does a divorce cost, and how long does it take?
A court filing fee applies, with a substantially reduced fee for concession card holders and those in financial hardship. Our own fee is fixed at $1,089 for a joint application and $1,452 for a sole application, including GST, and our fixed fees page sets out what each covers. From filing, a straightforward divorce is typically listed within a few months; the divorce order then takes effect one month and one day after it is made. Only then are you free to remarry. If a wedding is planned, remember celebrants need notice, so sequence the dates carefully.
Is there a time limit for property settlement after divorce?
Here is the point most people miss. Divorce ends the marriage; it does not divide property or fix spousal maintenance. And once the divorce takes effect, you generally have just twelve months to commence property settlement or maintenance proceedings. After that you need your former spouse's consent or the court's permission, and permission is not guaranteed. Many separated couples sensibly resolve property first and divorce later; whatever the order, do not let the divorce clock run down your property rights. Our guides to property after separation and to spousal maintenance in Victoria explain both processes.
Already divorced, or about to be, and the property between you still has not been formally settled? Call (03) 9125 8355 or send an enquiry.
What does divorce do to your will and estate plan?
In Victoria, divorce revokes gifts to a former spouse in your will and their appointment as executor unless it appears you wanted them to stand, but separation alone changes nothing. Until a divorce order takes effect, a will made during the marriage stands, and an existing super nomination may still name your former partner, since divorce does not revoke a nomination automatically. Review your will, powers of attorney and superannuation nominations at separation, not after the decree.
What questions do people ask most about divorce?
Do we both have to agree to the divorce?
No. One spouse can apply alone. If twelve months of separation is proved and the papers are properly served, the other spouse's objection rarely changes the outcome.
Does it matter who left?
Not for the divorce itself, and generally not for property either: Australia's system is no-fault. Conduct matters mainly where it has economic consequences or involves family violence.
We tried again for two months. Has our separation reset?
No. A reconciliation of up to three months does not restart the twelve-month clock; the periods of separation are added together.
Can I file if I was married overseas?
Usually, yes. The court can grant a divorce if, when the application is filed, you or your spouse is an Australian citizen, treats Australia as your permanent home, or has ordinarily lived in Australia for the twelve months before filing. Overseas marriage certificates may need a certified translation.
Do I have to go to court in person?
Generally no. Since June 2025 the court can decide a divorce without either spouse attending, whether the application is sole or joint and whether or not there are children under 18, if you ask it to and the other spouse neither opposes the divorce nor asks to attend. Where there are children under 18, the court must first be satisfied that proper arrangements have been made for them, and it can still ask you to attend. Any hearing is short and conducted online in most cases.
When should you involve a lawyer in a divorce?
Plenty of people file their own divorce, and for a simple joint application that can be fine. Involve a lawyer where service will be difficult, the marriage certificate is overseas or not in English, separation under one roof must be proved, there are children and any disagreement about arrangements, or property remains unresolved. At Spencer Alexander Lawyers we handle divorce applications on the fixed fees set out above, and we make sure the divorce is sequenced with property and parenting so nothing is lost to a deadline. Start at our family law page.
What is the bottom line on divorce in Victoria?
Divorce itself is the administrative end of a marriage; the decisions that shape your next decade are the ones around it: parenting, property, your will and your super. Sequence them deliberately: settle or protect property before deadlines run, formalise parenting while goodwill exists, and update your documents the month you separate, not the month you remarry. Handled in the right order, the legal side of separation is smaller than it looks from the inside.
If you are still in the early weeks of separating, our free separation checklist works through the practical steps in order, from safety to your will to the deadlines above. When you are ready to apply, the Federal Circuit and Family Court of Australia website has the divorce application forms, the current fees and information on how applications are processed.
Thinking about separation, or already served with an application? One conversation maps your next steps. Call (03) 9125 8355 or send an enquiry.
Sources: Family Law Act 1975 (Cth), sections 39, 44, 48 to 50, 55, 55A and 98A; Family Law Amendment Act 2024 (Cth), Schedule 3, Parts 1A and 2; Wills Act 1997 (Vic), section 14.
This guide reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
