Code Nine Process Servings' guide to: Applying for your own Divorce in Victoria

The contents in this article should not be considered as legal advice. We strongly recommend due diligence when initiating any court proceeding(s) and recommend contacting a Family Lawyer.

Divorce is undoubtedly a challenging time in anyone's life, and there is a ton of information online. However, applying for a divorce doesn't need to contribute to the stress. With the right guidance, you can complete much of this journey online, including the divorce application process in Victoria, Australia. This guide aims to make you feel confident and informed as you take this important step into a new phase of your life.

Understanding the Basics of Divorce in Victoria

Before starting the online application, it's essential to grasp the key requirements for obtaining a divorce in Victoria. You need to have been separated for a minimum of 12 months and demonstrate to the court that your marriage has irretrievably broken down. For those who have children under 18 years of age, the court will require details about their care arrangements, which is crucial for the application process. This means you may need to outline how responsibilities will be shared post-divorce or produce evidence of Parenting Orders [Final Orders].

50,000 people apply for a Divorce every year. You're not alone

Preparing Your Documents

The first step in applying for divorce online is gathering all necessary documents. This includes:

• Your marriage certificate (original or certified copy)

• Proof of identification, such as a driver's license or passport

• Proof of Australian citizenship, permanent residency and/or that you have resided in Australia for at least 12 months.

• Details about your children, including their birth certificates

• Proof of Seperation under one roof: if you still reside at the same address as your spouse you may need to file additional affidavits from yourself, a family member or a friend.

  
  

Ensuring you have the correct documents will significantly streamline your application. Remember, photocopies of the marriage certificate will not be accepted.

Creating an Online Account

Once your documentation is ready, create an online account on the Federal Circuit and Family Court of Australia website. This platform allows you to lodge your divorce application electronically. If you've previously created an account, simply log in to continue.

Filling Out the Application Form

Next, you need to fill out the online divorce application form. While this form is thorough, it might take around 30 to 60 minutes to complete. It typically includes personal information about both parties, marriage details, and information regarding children. Indicate here whether;

• The divorce application is joint: Both parties agree to the divorce.

• The divorce application is sole: Only one party applies, and the other must be served with the documents.

Completing the online divorce application form can be time consuming

Paying the Application Fee

After completing the application form, you will need to pay the application fee. Fees currently are;

• $1,100 filing fee or;

• $365 (reduced fee) if you are the holder of a concession card or are experiencing financial hardship.

Serve the Documents

Your spouse must be personally served with the Divorce Application to ensure they are made aware of the proceedings. You can;

• Use a professional process server, such as Code Nine Process Serving, for professional and reliable service Australia Wide.

• Provide the court with an Affidavit of Service & Acknowledgement of Service. We take care of both of these documents to ensure service cannot be disputed during a proceeding.

A Code Nine Process Server in the heart of Melbourne

Filing your Divorce application [e-Filing]

Applications for divorce should be eFiled online using the Commonwealth Courts Portal. This allows you, within the Court’s secure website, to access your court file, the ability to eFile and access court orders 24/7.

You will need access to a scanner, printer and a visa or mastercard to do so. If e-filing additional documents called Affidavit for eFiling Application (Divorce) need to be completed and served on your spouse.

Do I need to attend court?

Attending the divorce hearing is only required if one of more of the following applied;

• You have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing.
  

• You have indicated that you wish to attend in the application
  

• Either you or your spouse has objected to the divorce and a response is filed with the court
  

• You should attend if you are applying for an order for substituted service or a dispensation of service in the circumstances when you cannot find the respondent to serve the court documents.

All divorce hearings are held electronically. If you are required to attend the court hearing and you have not received dial in details you should email the registry directly where the divorce is taking place.

Understanding the Implications of Divorce

Your divorce will be finalized 1 month and 1 day after the conclusion of your hearing (in most cases).

A visual guide to Applying for Divorce in Victoria

Had trouble reading this article and need further clarification. Check out this handy Flow Chart courtesy of the Federal Circuit and Family Court of Australia: https://www.fcfcoa.gov.au/sites/default/files/2022-05/Howtoapply_Divorce_flowchart_0522a.pdf

A range of support resources available for individuals going through a divorce