Getting a divorce in Victoria can be a reasonably straightforward process depending on the circumstances. If you and your partner are on the same page, the process can be fairly stress-free when you enlist help from one of our lawyers. Below we look at how to get a divorce in Australia from start to finish and when you should seek legal advice from the team at Melbourne Law Studio.
To get a divorce in Victoria, the only requirement is for your marriage to have irretrievably broken down. You must demonstrate that you and your partner have been separated for at least 12 months. If you continue to live under the same roof, you can still be separated by having separate sleeping arrangements and presenting to family and friends as separated.
The next step is to fill out and file an application for divorce form. To get a divorce application, Australia based couples can simply visit the Family Law Courts website. You can fill the application yourself, but we strongly recommend that you have it prepared by a family lawyer to ensure it is completed correctly. This application is then signed, witnessed and filed after paying the required fees.
You can file for divorce as a sole applicant or as joint applicants with your spouse. If you are a sole applicant, you must arrange for your partner to be ‘served’ with the divorce application. This typically involves sending or serving the paperwork to them, which a good lawyer can arrange for you.
Speaking to a family lawyer early is essential in the Australian divorce process if there are disputes over dividing assets or parenting arrangements, however, these are NOT part of the divorce process. Your lawyer can direct you to someone who can help mediate disputes, find compromises with your ex-partner and guide you through the process of going to court while protecting your rights and entitlements. Bear in mind that this will be separate to your divorce application.
After your divorce application has been filed, the court will grant a divorce order at your divorce hearing. This can take several months from lodging your application. Your divorce will be final one month after the hearing and you will be issued a divorce certificate.
Do you have more questions on how to get a divorce in Australia? Our team of Melbourne divorce lawyers can help! Book your free 15-minute consultation with Melbourne Law Studio to find out more. Alternatively, call us on 03 9021 1421 or contact us online.
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.
Choose a time that suits you to have a chat about your legal needs.
Send us a message using the form below.
