Did you know that in 2020, Australia granted 49,510 divorces? This is an increase of 1.9 per cent over 2019. However, because divorces are often granted after 12 months or longer of separation, statistics for the divorce rate in 2021 are not immediately available.
Deciding if you're in a broken marriage and putting in a divorce application Victoria is not an easy decision, particularly when children are involved. Also, it can be difficult when you've put in the effort to recover what feels like an unloving partnership.
To begin, a divorce can be an intimidating and challenging legal process. Here are some helpful steps to get your divorce application started, Victoria.
Making the Decision to Divorce in Victoria
The decision to end your relationship and discontinue living as a couple starts the separation process. Following the decision to make a formal separation, you will typically chat with your partner. In addition, couples can discuss this tough decision face to face, through a family counsellor, by email, or by letter.
A separation process can begin at any time and does not need the involvement of lawyers or the intervention of a court. However, after you've decided to end your relationship, it's generally wise to seek initial assistance to ensure that all issues are appropriately addressed, and your new beginning is successful.
The Divorce Application Victoria
The only prerequisite for a divorce in Australia is that the marriage has irretrievably broken down. When a couple files for divorce, the court does not assign blame; it merely confirms that the marriage has ended.
To get a divorce in Australia, you must be separated from your partner for 12 months, living in different houses or rooms, yet with clearly different lives. You will also need the following:
The court will need evidence from independent parties that confirms the separation is ongoing. A family member or friend can do this.
The Divorce Application Kit in Victoria
Divorce is often an emotional and challenging process, but it does not have to be overly complicated or expensive. An application for divorce kit in Victoria provides you with all the necessary information to understand the divorce procedure.
A divorce kit is a document that guides and advises how to organise a divorce. It can be useful in the early stages of divorce when deciding whether to seek legal assistance.
A divorce kit will also walk you through the entire procedure step by step.
Filing an Application For Divorce in Victoria
You need to go to the Family Court website and find a Divorce Application to start a divorce. This application can be submitted jointly with your spouse or individually as a Sole Application. You could also use a lawyer to help you apply.
Once the application has been completed, verified by a witness, and acknowledged as true, it is ready to be submitted for processing.
You can file your divorce petition in person, by mail, or online.
Filing Your Application In Person
You must go to your Family Court registry to file your divorce application in person. You will need to file your application with supporting documents.
Filling Your Application Via the Post
If you want to file it by mail, mail it to the Family Law Courts in your area. However, we recommend that you send it through registered mail.
Online Divorce Application Victoria
To file your divorce application online, go to www.comcourts.gov.au and register. Once you’ve logged in, you can begin filing your divorce application.
Costs of Divorce in Australia
According to industry standards, a divorce application costs approximately $930, plus the government filing fee (if applicable). If you are experiencing financial hardship, you may qualify for a fee reduction.
After you've submitted your application, it will be sent to court.
Serving Your Divorce Application Papers
While your partner is not required to agree to the divorce, they should be conscious of your intention of divorce. So, if you are the sole applicant for divorce, you must organise the service of your divorce papers on your partner so that they are aware of the court proceedings.
However, as an applicant, you cannot do so in person. Instead, you can serve them by mail or get a third party to serve the papers on your behalf.
If you don't know where your partner is, you must be able to demonstrate that you took all reasonable steps to find them. In this situation, you'll need to declare their address as 'unknown' and submit an application to the court seeking an injunction allowing you to avoid serving the application.
If this occurs, it is best to get a family lawyer. They will be able to assist you through this process.
The Divorce Hearing
You will be assigned a court hearing date after filing your divorce petition and completing all required divorce service procedures. This process can take months.
Attendance in court is not required when filing for divorce unless you have minor children. After that, if all of your divorce papers are in order at the hearing, the court will finalise your divorce order there and then.
Your divorce will be finalised one month and one day after the Court makes a favourable decision. After that, the Court will issue you a divorce certificate, and that is the end of the matter. You are now legally divorced.
Unhappy Endings Lead to New Beginnings!
From the above, you can see that divorce proceedings themselves aren't complicated—but that's looking at things objectively. Human behaviour and emotions often will get in the way. This, of course, tends to make things more complicated.
Understandably, you will feel highly stressed and emotional if you consider a divorce. However, you still have to continue daily life at this challenging time while still tackling the steps of a divorce application in Victoria.
Do you intend to get a divorce? Then, why not contact us? We are here to help you and guide you through this emotional time to complete your divorce proceedings so that you can start a new life!
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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