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.
Preparing and Filing a Divorce Application
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.
Serving Your Divorce Application
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.
Contact Our Melbourne Divorce Lawyers for Advice
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.