Victoria Legal Aid

Divorce, separation and marriage annulment

The legal processes of ending a marriage or de facto relationship.

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Separation is when you and your partner stop living together in a domestic or marriage-like relationship.

Your partner does not have to agree to the separation, however they need to know that you think the relationship is over. There are no legal processes to become separated.

Divorce is the official ending of marriage. You must satisfy the court that:

  • you and your spouse have been separated and lived apart for at least 12 months
  • there is no chance of reconciling your marriage.

Annulment happens when a judge decides that there was no legal marriage.

Getting a divorce or having a marriage annulled does not sort out issues relating to children or property. These arrangements must be made separately. You do not need to be divorced or to have had your marriage annulled in order to make these arrangements. For more information see Parenting arrangements and child contact.

The law encourages you to try to sort out your issues using family dispute resolution. If you cannot agree on arrangements about property or children, you may end up going to court.

Laws about division of property and financial maintenance apply to married couples and to de facto relationships that ended after 1 March 2009.

More information

De facto relationships

Dividing your property

Divorce

Family dispute resolution

Financial maintenance for partners

Marriage annulment

Other support

Find out how you can get other support for relationships.

Publications and resources

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 14 December 2023

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