When I first separated from my partner in Melbourne, I thought I could file for divorce the next day. After all, the relationship was over, the boxes were packed, and we’d gone our separate ways. But family law in Australia doesn’t quite work like that. Before you can apply for divorce, you must be able to prove that you’ve been separated for a specific amount of time — at least 12 months and one day.

It’s a simple rule in theory, but in practice, questions often come up: When exactly does the 12 months start? What if we still live under the same roof? And what if there’s a chance of reconciliation?

In this guide, I’ll walk you through everything I learned (and wish I’d known sooner) about how the separation period works in Victoria, what evidence you may need, and what steps to take before and after the waiting period. Let’s unpack it clearly and calmly.

1. Understanding Separation in Victoria

Under the Family Law Act 1975, separation occurs when at least one partner decides the relationship has ended and communicates that decision to the other. There’s no legal form to fill out or certificate to register. It’s about intent and action — one person saying “it’s over” and behaving accordingly.

Even if your partner disagrees, the law recognises the separation from the date you communicated it. From that point, you are considered legally separated for the purpose of the divorce countdown.

2. The 12-Month Separation Rule Explained

Australia’s divorce system is built on the principle of “no-fault divorce.” This means the court doesn’t need to know who caused the marriage to end — only that it has broken down irretrievably. To prove this, you must have been separated for 12 months and one day.

• You cannot apply for divorce earlier, even if both partners agree.
• The 12-month rule ensures the decision is final, not made in the heat of the moment.
• There must be no reasonable likelihood of reconciliation.

In short, the separation period is the legal “cool-off” that confirms the marriage is truly finished before the court grants a divorce order.

3. When Does Separation Officially Start?

Separation begins when one or both people decide the marriage is over and act consistently with that decision. The court looks at both intent and behaviour. Some key indicators include:

• Moving out or sleeping in separate rooms
• Ending shared finances or joint accounts
• Not attending social events together
• Telling family, friends, and institutions (banks, Centrelink, schools) that you’re separated

If there’s a dispute about the exact date, the court may consider evidence such as messages, emails, or third-party statements.

4. What if You’re “Separated Under One Roof”?

Many couples in Melbourne remain living in the same house for financial or parenting reasons. You can still be legally separated while sharing an address — known as “separation under one roof.”

When you apply for divorce, you’ll need to file an affidavit explaining how your living situation changed despite staying together. This might include:

• Sleeping separately and managing your own meals
• No longer presenting as a couple socially
• Separate finances and responsibilities
• Informing family, friends, and institutions of the separation

Often, the court also asks for an affidavit from a friend or relative confirming they know you’ve been separated during that time.

5. Evidence of Separation for the Court

When applying for divorce, you don’t need to submit every piece of evidence, but the court must be satisfied that you genuinely lived separately and apart for the full 12 months. Supporting materials may include:

• Bank statements showing separate spending
• Utility bills in separate names
• Written statements or affidavits
• Text messages, emails, or social media posts noting the separation

For couples with children under 18, you’ll also need to explain arrangements for their care, housing, and support.

6. What Happens If You Reconcile During the 12 Months?

Sometimes couples try again. If you reconcile for less than three months, you can combine the periods before and after the trial reconciliation. However, if you get back together for more than three months, the clock resets — you’ll need to start a new 12-month separation period from the date of final separation.

This ensures the court only grants divorce when there’s clear, sustained separation with no reasonable likelihood of resuming the marriage.

7. How to Apply for Divorce After the Separation Period

Once 12 months and one day have passed, you can file for divorce through the Commonwealth Courts Portal. You can apply:

• Jointly: both parties agree and sign — simpler, no service required.
• Solely: one person files and serves papers on the other party.

Documents you’ll need:

• Your marriage certificate (translated if not in English)
• Proof of separation (affidavits if “under one roof”)
• Details of children under 18

The court usually finalises straightforward applications within 3–4 months. The divorce becomes effective one month and one day after the order is granted.

8. What About Children, Property & Finances?

Divorce itself only ends the marriage — it doesn’t resolve property, finances, or parenting. These are separate legal processes. Many people negotiate these during the 12-month waiting period to save time later.

Parenting Arrangements

Separated parents are encouraged to agree on a parenting plan or apply for consent orders to make the arrangement legally binding. The court prioritises the best interests of the child, including safety, stability, and meaningful relationships with both parents.

Property Settlement

Once your divorce becomes final, you have 12 months to start property or spousal maintenance proceedings. Acting early avoids missed deadlines and unnecessary disputes.

9. Common Delays and How to Avoid Them

Even with a clear 12-month rule, delays happen. The most common reasons include:

• Unclear or disputed separation date
• Incomplete paperwork or missing affidavits
• Service issues — the other party can’t be located
• Children’s arrangements not adequately explained
• Using incorrect court forms or portals

Working with an experienced family lawyer in Melbourne — such as Hymans Legal — helps avoid these errors and ensures your application meets all legal requirements the first time.

10. Full Divorce Timeline in Victoria

Final Thoughts & Recommendation

Understanding how long you need to be separated before divorce in Victoria can ease much of the uncertainty that surrounds this stage of life. The 12-month and one-day rule isn’t designed to frustrate couples — it exists to ensure there’s time for reflection, healing, and preparation before taking the final legal step.

If you’re approaching that milestone or unsure about your eligibility, expert legal advice can make the process far less stressful. A lawyer can confirm your separation date, help prepare affidavits, manage your application, and coordinate parenting or property matters efficiently.

For clear guidance and caring support, contact Hymans Legal. Their experienced Melbourne family lawyers specialise in separation and divorce law, helping individuals and families move forward with clarity and confidence.

Recommended: Hymans Legal — Call 1300 667 116

Disclaimer: This article provides general information only and does not constitute legal advice. Always seek professional advice relevant to your circumstances.