What are options to divorce for victims of family violence? There has been a recent change in the law to allow for victims of family violence to dissolve their marriage or civil union faster than a standard separation. In regular circumstances, in order to dissolve your marriage or civil union, you can apply to the Family Court only after two years of living separately from your spouse or partner.
However, since October 2025, the Family Proceedings (Dissolution or Marriage or Civil Union for Family Violence) Amendment Act 2024 allows for people who are protected under a protection order against their spouse to dissolve their marriage or civil union earlier than the two-year separation period.
What does this mean for Family Violence Victims?
This recent amendment means that people who are married or in a civil union can end their legal ties with their abusers faster than usual. Theoretically, this could occur as soon as three months after separation.
In order to be eligible to seek an early dissolution there needs to be a final protection order in place against their spouse or civil union partner.
This recognises that family violence survivers should be able to end their ties with their abusers more quickly.
Important Considerations
It is important to understand that once you have dissolved your marriage or civil union you have 12 months to apply to the Family Court to resolve division of relaitonship property. If you apply after that 12 month period you will need to obtain permission from the Court to file an application “out of time” or late. Therefore, if your dissolution is fast-tracked under this new change in the law, the clock will start ticking earlier than usual.
Need Legal Advice?
If you are going through a separation and would like a legal expert to guide you to entering an Agreement that is right for you, please get in touch with our team and we will point you in the right direction.
