Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 13
575 Bourke Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Level 5
1 Farrell Place
Canberra ACT 2601

Perth Office

Level 10
111 St Georges Terrace
Perth WA 6000

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2019 Armstrong Legal Melbourne. All rights reserved.

Phone 1300 168 676

menu

Toggle Menu Menu

Divorce in Victoria


Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Peter Magee

In Victoria, obtaining a divorce is often one of the simplest aspects of family law matters. The application for divorce form is relatively straightforward and intuitive and if you are required to attend Court, this too is generally quick and requires minimal submissions.

There are however a number of important tips and traps to be aware of if you plan to obtain a divorce. Being fully informed of the divorce process and legal framework will, at the very least, ensure that your divorce proceeds smoothly or mean that you do not have to attend Court on more than one occasion. At most, it will ensure that you do not inadvertently impact on your family law property settlement and spousal maintenance claims or parenting case.

In many instances, Armstrong Legal will recommend that our clients represent themselves in their divorce case as it can be an effective way to minimise our clients’ legal fees. Even if you do decide to represent yourself in your application for divorce, it is strongly recommended that you obtain legal advice from a family lawyer before seeking a divorce. This will ensure that you are aware of the impact of the divorce on the rest of your family law case and, importantly, that you do not do something that will prejudice your position.

If you are unsure what divorce is or whether you are eligible to apply for a divorce, don’t know how to obtain a divorce or understand how it fits into your family law case more broadly, we invite you to browse our detailed webpages below. These pages have been created by Armstrong Legal’s family law team to answer the common questions that our clients have and to provide you with further help and guidance about divorce.

If you have any questions regarding obtaining a divorce or family law matters we invite you to telephone Armstrong Legal’s experienced, knowledgeable and approachable Melbourne Family Law team on 9620 2777. We look forward to discussing your family law questions with you and can also help you arrange a no obligation initial consultation at our office so that we can meet you in person and discuss your case in greater detail.


DIVORCE JURISDICTIONS

Pursuant to Section 39(3) of the Family Law Act 1975 (Cth) to be eligible to apply for a Divorce in Australia, either the Husband or Wife to the marriage must satisfy one of the following criteria:

  • The Husband or the Wife is an Australian citizen;
  • The Husband or the Wife is domiciled in Australia; or
  • The Husband or the Wife is ordinarily resident in Australia or has been for 1 year prior to the filing of the Application;

on the date in which the Application for Divorce is filed with the Court.

Upon satisfying the criteria pursuant to Section 39 (3), either the parties jointly or separately may make an Application for Divorce to the Federal Circuit Court of Australia or Family Court of Australia.

CRITERIA FOR APPLYING FOR A DIVORCE

To grant the parties’ Application for Divorce the Court must be satisfied that the parties are legally married, in addition to the following matters pursuant to Section 48 of Family Law Act 1975 (Cth):

  • The marriage has broken down irretrievably;
  • The parties have separated and lived separately and apart (this can occur under the one roof) for a continuous period of not less than 12 months;
  • That there is no reasonable likelihood of cohabitation being resume by the parties.

For parties that were married for a period of less than 2 years, they are required to file a counselling certificate with their Application for Divorce or an Affidavit setting out the reasons for which counselling was unsuitable.

THE EFFECT OF RESUMING COHABITATION

Pursuant to Section 50 of the Family Law Act 1975 (Cth) separated parties to the marriage who resume their relationship on 1 occasion, for less than a period of 3 months, and separated and lived separately apart up to the date of filing the Application for Divorce will have the periods of separation, before and after the period in which the relationship was resumed, aggregated as though it were once continuous period.

THE PARTIES' ATTENDANCE AT THE DIVORCE HEARING

Parties should always attend the Divorce Hearing, particularly in circumstances where the Application is either made by one party or if there are children of the marriage under the age of 18 years. Section 55A of the Family Law Act 1975 (Cth), provides that the Court needs to be satisfied that if there are children under the age of 18 years, that proper arrangements have been made for the care, welfare and development of the children. This may be by way of Court Order, parenting plan or informal agreement. The Court may require the parties or legal representatives to address the Court on this fact.

WHEN THE DIVORCE ORDER TAKES EFFECT

Once the Court has granted the Divorce Order, the Order will take effect 1 month and 1 day after the Order was granted by the Court.

TIME LIMITATIONS

Parties who have been granted a Divorce Order and who have not had their property settlement finalised by way of a Court Order or Financial Agreement, have 12 months from the date the Divorce Order was granted to apply to the Court for a property settlement.





where to next?

If you have any questions regarding family law, we invite you to telephone Armstrong Legal’s experienced, knowledgeable and approachable Family Lawyers. We look forward to discussing your family law questions with you and can also help you arrange a no obligation initial consultation at our office so that we can meet you in person and discuss your case in greater detail. Our office is conveniently located in Melbourne CBD at Level 13, 575 Bourke Street, Melbourne, VIC.

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

ISO 9001 Legal Best Practice Family Law Accredited Specialist Logo Australian Institute of Family Law Arbitrators and Mediators Family Law Section