Divorce application in Victoria

To apply for a divorce in Australia, you need to prove you were legally married. Either a marriage certificate from Births, Deaths and Marriages or a ceremonial certificate is required as proof.

If your marriage took place overseas, and your marriage certificate is in a foreign language, you need to have the marriage certificate translated and attach copies of both the original and the translation to an Affidavit of Translation of Marriage Certificate from the translator.

In Australia, there are standard fees for filing a divorce application. As of July 2024, the filing fee is $1,100. However, couples facing financial difficulties may be eligible for a reduced fee of $365, typically requiring both parties to hold a concession card. These fees are payable to the Federal Circuit and Family Court.

Additional costs may apply for preparing and drafting your application. With Simple Separation, these costs are transparent and fixed from the start, as we don’t charge by the hour. If you choose to engage a family law firm, additional fees will be involved and likely to be considerably higher. Book a free consultation with Simple Separation to get a cost estimate.

You can object if you meet one of the two requirements below:

• You and your ex-spouse haven’t been separated for 12 months at the point of filing the divorce application

• The court doesn't have jurisdiction to grant the divorce

If your ex-spouse applies for divorce and you want to contest it, then getting legal advice is the best way to move forward.

Simple Separation helps you through the joint divorce application process for a fixed fee. This means you can be certain all required documentation is prepared, your family lawyer is arranged for you, and you don’t need to attend court (exceptions may apply). All of this is for a fixed price, rather than unknown billable hours. The other approaches are working with a family lawyer, or doing it yourself. Here is a breakdown of these processes.

The family lawyer approach: Generally, a family lawyer charges approximately $2,000 - $3,000, in addition to the court filing fee of $1,100. Costs can escalate further if you haven’t sorted out property settlements and parental plans ahead of submitting your divorce application.

Those working directly with a family lawyer on a divorce application usually find they pay more than they would using a divorce application service.

DIY divorce applications: DIY divorce applications can be cheaper than other avenues, however many find that the cost savings aren’t worth the headache. The divorce application process can be complex – involving locating appropriate documents, producing affidavits if required, making court filings, and attending court. During this, it’s all too easy to miss essential paperwork, or make mistakes when completing it, which can result in further work, delays in your divorce application, and potentially, added costs. Obviously, this brings stress to your life at an already stressful time. Standard fees still apply for the application for divorce through the Family Court.

Simple Separation:

• Cost transparency—you pay a fixed fee for your divorce application, as opposed to billable hours. (A mandatory court filing fee also applies.)

• There’s a straightforward online application to complete. Required documentation can be easily uploaded to your application until the application requirements are complete.

• Your documentation is checked by a family lawyer, preventing errors and unnecessary delays.

• The family lawyer assigned to your case attends the divorce hearing on your behalf, saving you the stress of attending yourself.

• A team of divorce experts is on hand during the process to answer any questions you have about your divorce.

• You have access to additional services, such as support with Property & Financial Settlement, Parenting Plans and Property Transfer.

For a price comparison, see our comparison matrix.

In many cases, the family lawyer we connect you with will attend the court hearing on your behalf. However, in the following circumstances, you may need to attend the court hearing yourself:

• You filed a sole divorce application, and you have a child/children under the age of 18 as a result of the marriage

• You indicated that you want to attend the proceedings in the divorce application

• You objected or your spouse objects to the divorce

• You are a respondent who files a response to divorce

• You apply for an order for dispensation of service or substituted service.

Note that divorce court hearings occur electronically in Australia.

To obtain a divorce in Victoria, you need to have been separated from your spouse for 12 months and 1 day, or longer. Separation might mean one person moving to another residence, or it might mean you separate, but continue to live under the same roof.

If you are separated, yet still living under one roof for any part of the 12 months, you need to provide additional evidence that outlines how there’s been a change in the marriage (for example, you’ve moved to separate rooms, reduced family outings or have separated your bank accounts). Both parties will need to file an affidavit in this circumstance, and you may require a third party, such as a relative, family friend or neighbour, to also file an affidavit to support your claim.

If you’ve been married for less than 2 years, you’ll need to attend counselling and get a certificate showing that you’ve tried counselling and present the certificate when applying for a divorce.

You could be given an exemption from counselling in certain cases, such as if you cannot locate your spouse, or there is family violence.

In Victoria, a court will not take into account the reason for the separation or dissolution of a marriage, however they may require evidence of your or your partner’s intention to separate on a particular date.

If you and your spouse have obtained a divorce order ending your marriage, it’s important to know that the order not only formally ends your marriage, but starts a 12-month time limit running for you and your spouse to resolve financial matters, such as property settlement and spousal maintenance.

This is why Simple Separation recommends that these matters are discussed prior to making the divorce application, so that there is as much time as possible to finalise arrangements.

If time limits for property settlement and spousal maintenance have expired, and both parties agree to extend the time limits, then the court may grant permission to delay proceedings.

Note that Simple Separation can assist with arranging fair and equitable Property Settlements and Property Transfers for you and your partner.

To find out more about our assistance with Property Settlements, see our Separation Ready, Separation Assist, and Separation Impending packages, covering the different stages of your separation.

For Parenting Plans, we offer assistance with creating Parenting Plans, with Family Dispute Resolution (Mediation), and with referral to Legal Representation.