Divorce Procedure in Victoria

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At TAFT Lawyers, we are committed to guiding our clients through the divorce process in Victoria with sensitivity, professionalism, and expert knowledge of the law. 

Our dedicated family law team understands that divorce can be emotionally and legally complex, and we are here to make the process as smooth and straightforward as possible.

The divorce procedure in Victoria follows the same guidelines as the rest of Australia under the federal Family Law Act 1975.

Here is an overview of the process:

• Eligibility Requirements
• Filing for Divorce
• Serving Divorce Papers
• Court Hearing
• Divorce Order
• Time Limits for Property and Financial Matters

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Eligibility Requirements

• Residency and Citizenship: You or your spouse must be an Australian citizen, have lived in Australia and regard it as your permanent home, or usually reside in Australia and have done so for at least 12 months before filing.

• Separation Period: You must be separated from your spouse for at least 12 months to demonstrate that the marriage has irretrievably broken down. You can still be considered separated if you live under the same roof, but you will need to provide additional evidence.

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Filing for Divorce

• You can apply for a divorce in Victoria by submitting an application to the Federal Circuit and Family Court of Australia (FCFCOA). Applications can be made as a sole application (by one party) or a joint application (by both parties).

• The application is typically completed and submitted online through the Commonwealth Courts Portal. You will need to provide a copy of your marriage certificate and pay a filing fee. Fee reductions may be available for those who can demonstrate financial hardship.

Serving Divorce Papers

• If you are making a sole application, you must serve the divorce papers on your spouse. This must be done at least 28 days before the hearing date (or 42 days if your spouse is overseas). Service can be done personally by someone other than you, or through the mail, and you need to provide proof of service to the court.

• If your spouse’s whereabouts are unknown, you may apply to the court for substituted service or dispensation of service.

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Court Hearing (if Required)

• If you and your spouse have filed a joint application and there are no children under 18, you usually do not need to attend a court hearing. However, if it is a sole application and there are children under 18, you may need to attend to answer questions about the arrangements for the children. The court needs to be satisfied that proper arrangements are in place for their care, welfare, and development.

• In cases where separation under one roof is claimed, the court may require additional evidence, such as affidavits from friends or family.

Divorce Order

• If the court is satisfied that all conditions have been met, it will grant a divorce order. This order becomes final one month and one day after the hearing, and you will receive a divorce certificate. The divorce order only legally ends the marriage and does not resolve issues related to property settlement, spousal maintenance, or child custody. These matters need to be addressed separately.

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Time Limits for Property and Financial Matters

• After the divorce is finalized, you have 12 months to initiate property and financial settlements. If you wish to address these matters beyond this timeframe, you will need to apply for special permission from the court.

The divorce procedure in Victoria ensures that the legal process is thorough and that the welfare of any children is taken into account. It is advisable to seek legal assistance if you have concerns about your rights or responsibilities during the process.

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