Divorce Time Limits in Melbourne

What Counts as Separation?

• Living apart in different residences
• Separation under one roof (with evidence)
• Clear intention to end the marriage
• Communication to spouse about separation

Brief Reconciliation

You can resume cohabitation for up to 3 months without restarting the 12-month period:

• Single period or multiple periods totaling less than 3 months
• Must still accumulate 12 months of separation
• Reconciliation attempts don't reset the clock if under 3 months

Extending Time Limits

Courts may grant leave to apply out of time if:

• Hardship would be caused to you or children
• Other party's conduct contributed to the delay
• Exceptional circumstances exist
• Strong prospects of success in the claim

Avoiding Time Limit Issues

• Start negotiations early - don't wait until near deadline
• File protective applications if negotiations ongoing
• Document all attempts to resolve matters
• Seek legal advice well before deadlines approach

Marriages Less Than 2 Years

Additional requirements apply:

• Must attend marriage counseling with approved counselor
• Obtain counseling certificate to file with application
• Or seek court permission if counseling not possible

Overseas Marriages

• Valid overseas marriages recognized in Australia
• Must meet Australian residency requirements
• May need certified translations of documents
• Same time limits apply once eligible