1) A first-person, fun introduction

When I first heard that you had to be “separated for 12 months and one day” before filing for divorce in Australia, my first thought was—who’s counting that one day?
But in the world of family law, those 366 days (yep, even the extra one) are critical. It’s not just a formality; it’s the law’s way of making sure couples have genuinely ended their relationship and aren’t rushing a major life decision in the heat of emotion.

As someone who’s seen friends and clients go through it, I’ve learned the separation clock doesn’t always start when one person moves out. Sometimes, you’re technically “separated” while still sharing the same Netflix account, the same kitchen, and maybe even the same couch.
Let’s break down what that really means in Victoria—and how to make sure your timeline adds up when it’s time to file.

2) Understanding the 12-month rule in Australia

In Australia, there’s only one legal ground for divorce: that the marriage has broken down irretrievably.
The Family Law Act 1975 requires proof of this breakdown, and the main way to show it is through a continuous separation period of at least 12 months and one day.

That means you and your spouse must have ended your relationship both emotionally and practically—no shared life as a couple, no ongoing romantic partnership, and a clear intention from at least one of you that the marriage is over.

🕐 Example: If you separated on 1 January 2024, you can file for divorce on or after 2 January 2025.

3) Separation under one roof explained

Here’s where things get interesting. You can still be “separated” even if you’re living under the same roof. This is known as separation under one roof.
It’s surprisingly common in Melbourne—especially when couples are co-parenting or waiting to sort out finances or housing before moving out.

The key is that your relationship has ended in substance, even if you share a home. That means:

• Sleeping in separate rooms
• Managing your own finances separately
• Not cooking or doing household chores for each other
• Letting friends or family know you’ve separated
• Not attending social events as a couple

When applying for divorce, you’ll need to file extra documents (called affidavits) explaining how your living arrangements worked during that time.

4) Proving separation for the court

The Federal Circuit and Family Court of Australia doesn’t just take your word for it—you’ll need to show proof that the separation started when you said it did and that it continued without interruption.

Evidence might include:

• Affidavits from you and your spouse describing your separation
• Statements from friends or relatives confirming your status
• Proof of separate bank accounts or finances
• Lease or mortgage changes reflecting separate living arrangements
• Changes to utility bills or mailing addresses

💡 Tip: Keep a written record or diary of when major separation milestones occurred. It can be surprisingly helpful later!

5) What if we get back together?

Life happens, and sometimes couples give it another shot. The law allows for brief reconciliation periods—but there’s a limit.
If you get back together for less than three months and then separate again, you can combine the two separation periods to make up the total 12 months.

But if you reconcile for more than three months, the separation clock resets—you’ll need to start a new 12-month period from the new separation date.

6) Does the 12-month rule apply to de facto couples?

No. De facto couples don’t “divorce” under Australian law—they separate, but their relationship breakdown is dealt with through property settlement or parenting arrangements.
The 12-month rule applies only to married couples seeking a formal divorce order.

7) How to apply for divorce in Victoria

Divorce applications are filed online through the Commonwealth Courts Portal. You can apply as an individual (a sole application) or together with your ex (a joint application).

Steps to apply:

1. Confirm you’ve been separated for at least 12 months and one day.
2. Gather documents: marriage certificate, proof of citizenship or residency, and affidavits if required.
3. File online via the Commonwealth Courts Portal.
4. Pay the filing fee (or apply for a fee reduction if eligible).
5. Serve the application on your spouse (if it’s a sole application).
6. Attend court if required (especially if you have children under 18).
7. Receive your divorce order electronically about one month after it’s granted.

8) Documents and evidence you’ll need

For most divorces in Victoria, you’ll need:

• Marriage certificate (translated if not in English)
• Affidavit of separation (if separated under one roof)
• Affidavit of service (for sole applications)
• Proof of Australian citizenship, visa, or residency
• Parenting details if children under 18 are involved

9) What if you have children under 18?

The court won’t finalise a divorce unless it’s satisfied that proper arrangements have been made for the children.
That includes who they live with, go to school with, and how they’re supported financially.

You don’t need to have a parenting order in place, but the court must see that the children’s welfare is being looked after.

10) Divorce fees and timelines in Victoria

As of 2025, the filing fee for a divorce application is approximately $1,060.
If you hold a government concession card or can demonstrate financial hardship, you can apply for a reduced fee (around $350).

Most divorces are processed within 2–4 months from filing, depending on court scheduling and whether any hearings are required.

11) Common mistakes people make

• Starting the 12-month count before the real date of separation.
• Failing to document separation under one roof properly.
• Reuniting briefly without realising it resets the timeline.
• Not serving paperwork correctly for sole applications.
• Assuming divorce automatically settles property or parenting issues (it doesn’t!).

12) FAQ: Quick answers

Can we file earlier than 12 months?

No. The 12-month and one-day rule is mandatory nationwide.

What if my spouse won’t sign?

You can file a sole application. The court can still grant the divorce if separation is proven.

Do we need to attend court?

Only if there are children under 18 or the court requests it.

Does divorce affect property or parenting?

Divorce ends the marriage but doesn’t divide property. You’ll need separate agreements or orders for that.

13) Final thoughts & recommended legal help

The 12-month separation rule might sound like bureaucracy, but it exists to make sure couples have truly ended their relationship before taking the final legal step.
Whether you’ve already moved out or you’re navigating “separation under one roof,” preparation and documentation are your best friends.

If you’re ready to move forward and want clear, compassionate advice, I highly recommend speaking with the team at
Call A Family Lawyer.
They can help confirm your eligibility, prepare your paperwork, and ensure your divorce application goes smoothly.