How to get a divorce in Victoria: A simple 6-step application guide

Ending a relationship is never fun. But the actual process of how to get a divorce in Victoria is actually quite uncomplicated.

This is “good” news for Victorians since divorces between 2022 and 2023 rose from 18,740 to 33,231.

But even though the process is straightforward, there are still procedural steps to be met before you can legally ‘untie the knot’. Here’s what you need to know about how to get a divorce in Victoria.

What are the requirements for getting a divorce in Victoria?

Australian law has ‘no fault’ divorce. This means that the only reason you need for getting a divorce is that there’s been an ‘irretrievable breakdown’. There’s no need to prove that either party did anything wrong – just that the marriage itself has broken down.

However, you do also have to take a few steps before applying for divorce in Victoria: 

1. You have to have been separated for at least 12 months before filing. This can be in separate homes, or still living together as long as you can show that you intended the relationship to end.
2. You must also prove that both parties are Australian citizens or permanent residents. And that you live in Australia and have lived here for the last 12 months at least.
3. Note: Though not technically a requirement to apply for divorce, if you have minor children, you will need to be able to prove that you’ve made proper parenting and care arrangements or the Court will not grant you a divorce.

Requirement for a short marriage

If you’ve been married for less than two years, you have an extra requirement before you can apply for a divorce in Victoria – and that is that you must attend a counselling session first. Once you have, the counsellor will then file a certificate confirming that you met this requirement, and you can move forward with your divorce.

There are some circumstances where you may be able to waive this requirement. For example, in situations where there is family violence.

How to get a divorce in Victoria

Once the 12 month period has passed, you can apply for your divorce. Here are the steps of the divorce process in Victoria. 

Step 1: Register for the Commonwealth Courts Portal

Your first step is to register with the Commonwealth Courts Portal. This is a website that provides you with access to information about your case in the Federal Circuit and Family Court of Australia (the Court). It’s the best and easiest way to see the status of your case.

Registration is easy. New users simply need to go to www.comcourts.gov.au to register. If you already have a case in the system, use your file and client number to link yourself to your file.

More information about registration can be found here. 

Step 2: Prepare your divorce application Victoria

Your next step is to prepare your divorce application for Victoria. If you’ve been working with a lawyer, you can certainly do this before your 12-month waiting period is up. This gives you plenty of time to gather your documents and prepare the application. You can submit it the day after 12 months have passed.

Your divorce application can be completed on your own (as a sole application) or with your ex-spouse (as a joint application). You can also fill out the application yourself or have it prepared by a qualified family lawyer.

Your application will also need to be signed before a witness who is either a Justice of the Peace or a lawyer. Our team can do this for you. Once this is done, you will also need to affirm that everything in the application is true. To do this, you’ll either have to swear on a bible or make an affirmation of truth.

Step 3: File your divorce application and marriage certificate

Once your application is completed, signed and affirmed, you are ready to file it. It will need to be filed with a copy of your marriage certificate. If you don’t have one, you can apply to the state registry where you were married for a copy. If you were married overseas, you’ll need to contact that country’s embassy to find out how to get a copy.

Once you’re ready to file, you can either go to the Court in person, send it in by post, or submit it via the Commonwealth Courts Portal. 

If you decide to mail it in by post, it’s best to send it via registered post. If you use the portal system, be sure you have access to a printer and scanner so you can scan in all the relevant documents, including the marriage certificate.

Step 4: Serve the other party

If you apply as a sole application you will need to formally serve your application for divorce and any relevant documents on your spouse. We generally recommend using a professional for this, but you can also ask a friend or family member to do it. You are not allowed to serve your spouse yourself.

You can serve via post if you’re confident your spouse will sign the Acknowledgement of Service form and return it to you (or your lawyer). If you’re at all concerned that they won’t, then a process server is the best way to go.

If you can’t serve your divorce application on your spouse, then you’ll need to apply to the Court for some help. The Court will either give you an order allowing you to serve the other party in some other way, or they’ll give you an order allowing you to ‘dispense’ with the requirement.

Step 5: Wait for the hearing

Your hearing date will typically be set by the Court about two to four months from the date you file your application. At the hearing, the Court will review your application papers and, assuming everything is in order, execute your divorce order.

You do not have to attend the hearing unless you have children under 18, though you certainly can if you would like to.

Step 6: Your divorce is finalised!

Once the Court approves your divorce order, it will take effect one month and one day from the date of your hearing. The Court will issue a divorce certificate and you’re officially divorced. After this date, you are able to remarry if you would like to.

What is the cost of divorce in Victoria?

There are certain costs that come along with getting divorced in Victoria.

• Filing fees. You’ll need to pay $1060 to file your application for divorce. If you’re entitled to a reduced fee, the cost comes down to $350.
• Process server fees. If you use a professional to serve your spouse, you’ll need to pay for this service. Costs vary but can be around $90-120 per house.
• Solicitor fees. If you choose to use the help of a lawyer to complete your application (always a good idea!), then you’ll have fees to pay for that service. Speak to us if you’d like more information.

How long does divorce take in Victoria?

As you might guess, the timing for divorces in Victoria can vary wildly depending on the commitment of the various parties, whether or not they need to go to Court for orders or whether they use mediation or dispute resolution, and whether or not there are children involved.

However, overall, from the time you file the application (after your 12-month waiting period) to the finalisation of the divorce, takes around four to six months. This is provided there are no delays or other complications in the process.

Property settlements and parenting agreements

It’s important to note that a divorce doesn’t sort out any property settlements or custody issues. These need to be done separately. 

When it comes to dividing up your property after divorce, earlier is generally better. It’s also generally smoother and less expensive to come to an agreement outside of the Court system.

 But if you aren’t able to resolve your property issues with your ex-spouse, you’ll need to file a separate application with the Court within 12 months of the date of your divorce order. If you don’t file within that time frame, you will be out of time and will have to ask the Court for permission to apply.

Family dispute resolution is a great way to come to an agreement on custody and parenting issues. As with property division, the sooner the better! Again, the Court will not grant a divorce order if it’s not satisfied that proper arrangements have been made for any minor children.

Getting help

While getting a divorce in Victoria is straight forward, there are a few ways it could go sideways. Having the help of a professional divorce lawyer can be invaluable in supporting you. Our team can help you navigate any complexities or challenges, meet all your legal requirements and (most importantly!) make sure that your interests are protected.

Need further information and legal advice about getting a divorce in Victoria? Request a call back from our friendly team via the form below.