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Victorian legal guide

How long does a divorce take in Victoria?

General information for people in Victoria · ORLA Connect

In Australia you must be separated for at least 12 months before you can apply for a divorce, and once you apply it usually takes a few months for the divorce order to be finalised. Sorting out property and parenting is handled separately and can take longer. Here's how the timeline works.

The 12-month separation rule

You need to have been separated for at least 12 months and one day before applying. You can be "separated under one roof" in some cases, which may need extra evidence.

After you apply

Once the application is filed and served correctly, a divorce order is typically made within a few months. The order takes effect one month and one day after it's granted.

Property and parenting are separate

The divorce only ends the marriage. Dividing property and setting parenting arrangements are separate matters that often take longer and are where most of the work is.

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Do we have to be separated for 12 months?
Yes — Australian law requires at least 12 months and one day of separation before you can apply for a divorce.
Is the divorce the same as the property settlement?
No — the divorce ends the marriage; property and parenting are separate and often take longer.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.