What Are Valid Grounds For Opposing A Divorce In Victoria?





What Are Valid Grounds for Opposing a Divorce in Victoria?


What Are Valid Grounds for Opposing a Divorce in Victoria?

Professional Introduction (First Person)
Over many years working in family law, I’ve seen countless people terrified or uncertain because their spouse has threatened to “fight the divorce” or “stop it from happening.” I’ve also spoken with people who, out of heartbreak or hope, want to oppose the divorce in the belief that it might save the relationship.
Whenever this topic comes up, I always explain one fundamental truth: opposing a divorce in Victoria is possible, but only in extremely limited circumstances. The Family Law Act sets out very specific requirements for divorce, and unless a spouse’s objection fits one of the strict legal grounds, the Court will not block the divorce.
In this article, I break down exactly what “valid grounds” actually mean, what the Court accepts, what it dismisses, and how the process unfolds if a spouse chooses to oppose the application. My goal is to give you clarity, confidence and a clear understanding of your options — whether you are filing the divorce or responding to one.

Table of Contents

1. Can Someone Oppose a Divorce?

Yes — a spouse can oppose a divorce, but only if they meet the strict legal criteria. Emotional objections, religious beliefs or a desire for reconciliation are not sufficient grounds for opposition.

To formally oppose a divorce, the respondent must file a Response to Divorce and set out the legal grounds supported by evidence.

2. The Only Valid Grounds for Opposing a Divorce

There are only two valid grounds under Australian law:

1. The Court Does Not Have Jurisdiction

The Court may lack jurisdiction if:

  • neither spouse is an Australian citizen
  • neither spouse is domiciled in Australia
  • neither spouse has lived in Australia for the 12 months before filing

This ground is rare but can succeed in specific situations involving international marriages.

2. The Parties Have Not Been Separated for 12 Months and 1 Day

This is the most common valid ground. A spouse may argue:

  • separation started later than the applicant claims
  • there was reconciliation during the separation period
  • alleged “separation under one roof” is not genuine

If the Court finds that the 12-month requirement has not been met, the divorce may be dismissed or adjourned.

3. Reasons That Are Not Valid Grounds

Many people mistakenly believe that they can oppose a divorce for personal or emotional reasons. These are not valid grounds:

  • “I don’t want the divorce.”
  • “I still love my spouse.”
  • “Divorce goes against my religion.”
  • “I want more time to think about it.”
  • “I want reconciliation.”
  • “It’s not fair.”
  • “We haven’t sorted out property yet.”
  • “I don’t want the children affected.”
  • “I don’t believe in divorce.”

The Court does not weigh emotional or moral objections. Divorce is granted based on legal requirements only.

4. Opposing a Divorce Based on the 12-Month Separation Rule

The applicant must prove the parties separated at least 12 months and 1 day before filing. Opposition may argue:

  • separation began later
  • the couple continued a functioning relationship
  • they still acted publicly as a couple
  • they shared a bedroom or meals
  • they continued to be intimate

If separation under one roof is involved, evidence must be detailed and consistent.

5. Opposing a Divorce Under “Separation Under One Roof”

Couples may separate while living together for financial or parenting reasons. This often leads to disputes about whether separation truly occurred.

Court looks at:

  • living arrangements
  • financial separation
  • household routines
  • public behaviour

If a spouse argues separation never occurred, they must provide evidence contradicting the applicant’s claim.

6. Opposing a Divorce on Jurisdiction Grounds

This occurs when the Court may not have authority to hear the case.

Opposition must prove jurisdiction is invalid based on citizenship, residence or domicile. Evidence might include:

  • passport stamps
  • residential records
  • immigration documents

These cases are rare but can be complex.

7. How to Legally Oppose a Divorce

A spouse opposing the divorce must:

  • complete a Response to Divorce
  • file it with the Court
  • serve it on the applicant
  • attend the hearing

Late filings require special permission from the Court.

8. What Evidence Is Needed to Oppose a Divorce?

Opposition cannot rely on emotions. It must be supported by evidence such as:

  • statutory declarations
  • witness statements
  • emails or messages showing reconciliation
  • lease or rental documents
  • financial statements
  • travel records

The Court evaluates whether the evidence supports one of the two valid grounds.

9. What Happens at the Court Hearing?

If opposition is filed, both parties attend the hearing.

The judge will:

  • review the application and response
  • listen to both sides
  • assess evidence
  • decide whether the divorce will proceed

If the opposition lacks legal merit, the divorce is usually granted on the day.

10. What Are the Possible Outcomes?

There are three main outcomes:

1. Divorce granted

The most common outcome. If grounds are invalid, the divorce goes ahead.

2. Divorce adjourned

The Court may adjourn if more evidence is needed or if reconciliation briefly occurred.

3. Divorce dismissed

This only happens if jurisdiction is invalid or the 12-month separation requirement is not met.

11. Does Opposition Delay the Divorce?

It may cause a short delay while the Court reviews the evidence, but it cannot indefinitely prevent the divorce.

12. Can Opposition Affect Property Settlement?

No. Property settlement is entirely separate from divorce.

A spouse cannot use opposition as leverage to negotiate finances.

13. Can Opposition Influence Parenting Arrangements?

No. Parenting matters are handled separately under the “best interests of the child” principle.

Opposition to divorce does not influence parenting orders.

14. Opposition Used as a Form of Control

Sadly, some spouses oppose divorce as a form of coercive control.

Examples include:

  • threats to fight the divorce
  • refusing to engage
  • misusing the process to drain money or time
  • emotional manipulation

The Court is well aware of these behaviours and does not allow them to succeed.

15. Should You Oppose a Divorce?

Opposition should only be considered if:

  • the separation period is incorrect, or
  • the Court lacks jurisdiction.

Opposing for emotional reasons rarely changes the outcome and can create unnecessary stress and costs.

16. Practical Steps for Either Party

If you are filing the divorce:

  • keep evidence of separation
  • prepare for potential challenges
  • use a family lawyer to draft affidavits

If you are opposing the divorce:

  • seek urgent legal advice
  • gather evidence immediately
  • file your response within the deadline

17. Final Thoughts

Opposing a divorce in Victoria is legally possible — but only in very narrow circumstances. Emotional objections, cultural beliefs, relationship history or anger at the situation are simply not grounds the Court can consider.
Whether you are facing opposition from your spouse or you believe that the 12-month separation requirement has not been met, having the right legal support makes a significant difference.

For guidance, clarity and personalised advice, the team at
Call A Family Lawyer can help you prepare evidence, respond to opposition, or navigate the entire divorce process with confidence.