Divorce Law

Introduction to Divorce Law in Victoria

Divorce in Victoria represents a significant legal and emotional transition, governed by Australia’s federal Family Law Act 1975 while being administered through Victoria’s court system. As Melbourne’s premier family law practice, we recognize that divorce involves more than just the legal dissolution of marriage – it’s a complex restructuring of personal and financial relationships that requires careful navigation of Victorian legal procedures.

The Foundation of Victorian Divorce Law

Victoria’s divorce process operates within Australia’s unique “no-fault” divorce system, established in 1975. This means the court doesn’t consider why the marriage ended (such as infidelity or abandonment), focusing instead on whether the marriage has irretrievably broken down, as demonstrated by 12 months of separation. This progressive approach, pioneered in Melbourne’s family courts, emphasizes practical solutions over moral judgments.

  • 12-Month Separation: You must prove at least 12 months of continuous separation before filing (can be under one roof with proper evidence)

  • Australian Jurisdiction: Either you or your spouse must:

    • Be an Australian citizen, OR

    • Regard Australia as your permanent home, OR

    • Have lived in Australia for at least 12 months before filing

  • Valid Marriage: Must be legally recognized in Australia (includes overseas marriages if valid in country of origin)

    1. Pre-Filing Considerations

      • Attend mandatory Family Dispute Resolution (mediation) unless exempt

      • Gather required documents (marriage certificate, separation evidence)

      • Consider children’s arrangements (though not required for divorce itself)

    2. Filing the Application

      • Complete Application for Divorce (Form 1)

      • File online via Commonwealth Courts Portal ($990 filing fee)

      • Serve documents to spouse (28 days before hearing)

    3. Court Hearing

      • Typically 4-6 months after filing

      • Most undefended cases are heard via videolink (5-10 minutes)

      • Judge reviews paperwork and grants conditional order

    4. Finalization

      • Divorce order becomes absolute 1 month after hearing

      • Official certificate issued

      • Can remarry after this date

      • Short Marriages (<2 years): Require counseling certificate

      • International Elements: Additional steps for overseas service

      • Non-English Documents: Need certified translations

      How Our Melbourne Divorce Lawyers Help

      • Prepare and file all court documents

      • Handle difficult service situations

      • Represent you in contested cases

      • Advise on related property and parenting matters

Frequently Asked Questions

Yes, through a sole application if you properly serve the documents.

Yes, but you can live together (“separated under one roof”) with evidence.

Only for marriages under 2 years – otherwise just 12 months separation.

You can apply for a replacement from Births, Deaths and Marriages Victoria first.

No, there’s a 1-month waiting period after the divorce order is granted.

No, property settlement is a separate process with different time limits.