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

Divorce, separation and marriage annulment

Learn about your options for ending a relationship or marriage.

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A relationship or marriage can end in different ways, including separation, divorce or annulment. Some of these involve legal processes.

The end of a relationship or marriage can be stressful or overwhelming. Support is available for you and your family. To find out more, visit Other support for relationships.

This information applies to all relationships, including same-sex relationships.

Divorce

Divorce is when a court makes an order to officially end a marriage. Your spouse (the person you are married to) does not have to agree to a divorce.

You can apply for a divorce through the Federal Circuit and Family Court of Australia.

You must show the court that:

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

Go to Divorce for more information.

Separation

Separation is when one or both people decide to stop being a couple. You can separate but still live in the same house.

Your partner does not have to agree to the separation but you need to tell them that you consider the relationship over.

There are no legal processes to become separated. You will not get a document saying you are separated.

If you are in a de facto relationship, then you can simply separate. You do not need to get a divorce. For more information, go to De facto relationships.

Marriage annulment

An annulment, or ‘declaration of nullity’, happens when a judge decides that there was no legal marriage.

A marriage is not legal if:

  • you were tricked or forced to marry someone
  • one person was under 18 at the time
  • you could not understand what the marriage ceremony meant
  • the person you married was already married to someone else
  • the person you married is a close relative (parent, grandparents, child or sibling).

Go to Marriage annulment to learn more.

Children and property

Going through a divorce, separation or marriage annulment does not sort of issues about children or property. You need to make these arrangements separately.

Go to Parenting arrangements and child contact and Dividing your property after a relationship ends to learn more about your options.

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Support from other organisations

  • Family Relationships Online has information and help with relationship and separation issues. Visit their website or call their advice line on 1800 050 321.
  • WIRE has information and support about relationships, money and housing for women, non-binary and gender-diverse people in Victoria. Their booklet Separation and property has information for separating couples on property division and financial abuse.
  • Services Australia’s Guide for newly separated parents has a helpful list of tasks you may want to do when going through a separation.
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