Divorce in Australia is deliberately unspectacular. There is no blame to prove, no misconduct to catalogue — only one question: has the marriage broken down irretrievably, shown by twelve months of separation? Yet around that simple test sit rules and deadlines that matter enormously. Here is how the process works for Victorians, and the traps to step around.
The only ground: twelve months of separation
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. A short reconciliation of up to three months does not restart the clock; the periods either side are added together.
Separation 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.
Sole or joint application
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, and if there are children under 18 the applicant generally attends the short online hearing. 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.
Children: the court must be satisfied
Where there are children under 18, the court will not finalise a divorce unless satisfied that proper arrangements exist for their care — housing, schooling, financial support and time with each parent. 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 guide to parenting arrangements after separation.
Recently married? The old two-year hurdle is gone
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.
Costs and timing
A court filing fee applies, with a substantially reduced fee for concession card holders and those in financial hardship. 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 — and if a wedding is planned, remember celebrants need notice, so sequence the dates carefully.
The deadline divorce quietly starts
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 the court's permission, which 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 guide to property after separation explains the process.
What divorce does to your estate plan
In Victoria, divorce revokes gifts to a former spouse in your will and their appointment as executor — but separation alone changes nothing. Until a divorce order takes effect, a will made during the marriage stands, and a lapsed super nomination may still point at your former partner. Review your will, powers of attorney and superannuation nominations at separation, not after the decree.
Questions we hear every week
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 — if you or your spouse are an Australian citizen, live here, or regard Australia as home. Overseas marriage certificates may need a certified translation.
Do I have to go to court in person? For a joint application with no children under 18, generally no. Divorce hearings are short and conducted online in most cases.
When to involve a lawyer
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 fixed fees quoted in advance, 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.
The bottom line
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.
Thinking about separation, or already served with an application? One conversation maps your next steps. Call (03) 9001 4400 or send an enquiry.
This guide reflects the law applying in Victoria as at July 2026. It is general information only, not legal advice, and does not take your circumstances into account.