How Long Does Divorce Take in Victoria?

When a relationship ends, one of the first questions is: how long will this take? 

The short answer?  Around 4–6 months from filing, but only after you’ve met the key pre-conditions.

Step 1: The 12-Month Separation Rule

Australia has a no-fault divorce system, meaning the Court doesn’t care who caused the breakup, only that the marriage has ended.

To apply for a divorce, you must be separated for 12 months and 1 day.

You can still be considered “separated” while living under the same roof—but you’ll need evidence (like separate finances, sleeping arrangements, and social lives).

Important update:
If you were married for less than two years, you no longer need counselling before applying. That requirement was removed in 2025.

Step 2: Filing Your Application

Once eligible, you can apply for divorce through the Federal Circuit and Family Court of Australia.

You have two options:

• Joint application where both parties apply together.  This is faster, simpler and there is no requirement for service on the other spouse.  
• Sole application where one spouse applies.  If you are the sole applicant of a divorce, you must formally serve the documents on the other spouse either by post or using a third party.  Delays can happen if the other party avoids service or can’t be located

Step 3: The Court Hearing

After filing, you’ll usually get allocated a hearing date within 6 weeks to 4 months.

This hearing is administrative in nature, and a physical attendance by you is not required unless specifically requested by the Court.

At the hearing, the Court checks that the separation requirements are met, that service has occurred correctly and that arrangements for children (if any under the age of 18 years) are appropriate.

If everything is in order, the divorce is granted.

Step 4: When It’s Actually Final

Here’s the part many people overlook.  Your divorce is not final on the hearing day.

Your divorce becomes official 1 months and 1 day after the hearing date.  Only once this time period has elapsed are you legally divorced and free to remarry.

What Can Cause Delay?

Even straightforward divorces can be delayed by:

• paperwork errors
• missing documents
• issues with service
• insufficient information about children
• general court backlog

Don’t Miss This Critical Deadline

Divorce doesn’t deal with finances or parenting.

Once your divorce is final, a clock starts and there is only 12 months to apply for property settlement or spousal maintenance if you cannot negotiate a settlement directly with your former spouse.

Miss this deadline, and you’ll need the Court’s permission to proceed—which isn’t always guaranteed.

Divorce is procedural—but small mistakes can cause big delays. Getting the right advice early can save time, stress, and cost.

For further information or legal advice tailored to your situation, please contact the Family Law team via our website or on (03) 9739 7377.