Divorce Case in Victoria

In Victoria, the process of filing for divorce involves several steps. Firstly, you or your spouse must have been separated for at least 12 months and either party must regard the marriage as ended. You can apply for divorce online through the Federal Circuit and Family Court of Australia website. After submitting the application, you'll need to serve the divorce papers to your spouse unless it's a joint application. The Court will then set a hearing date, although attendance is generally not required if there are no children under 18 involved. The divorce is usually granted one month and one day after the hearing. The entire process, from application to finalization, can take approximately four months, depending on compliance with requirements and court schedules.

To initiate divorce proceedings in Victoria, you will need to provide several documents and information:

1. Marriage Certificate: An original or certified copy of your marriage certificate.

2. Proof of Separation: If you are living separately during the separation period, an affidavit from a third party may be required.

3. Application for Divorce: Complete and file the relevant form, which can be done online through the Commonwealth Courts Portal.

4. Fees: Be prepared to pay the filing fee unless you qualify for a fee reduction.

5. Identification Documents: Such as a passport or driver's licence for identification verification.

Ensure all documents are accurately completed and submitted.

To apply for a divorce in Victoria, you must satisfy specific requirements:

1. Jurisdiction: You or your spouse must regard Australia as your home and intend to live indefinitely, be an Australian citizen, or ordinarily reside in Australia for at least 12 months prior to applying.

2. Separation: You must have been separated for at least 12 months. If you have attempted reconciliation and lived together for up to three months, it does not restart the 12-month period.

3. Marriage Duration: If married for less than two years, you need to attend counselling and obtain a certificate unless there are special circumstances.

4. Children: If you have children under 18, arrangements for their care and welfare must be in place.

In Victoria, the division of property and assets during a divorce is determined based on a "just and equitable" principle, considering multiple factors. These include the financial and non-financial contributions each party made to the marriage, future needs such as care of children, earning capacities, and the length of the marriage. The Family Law Court assesses the assets and liabilities, including superannuation, to understand the full financial picture. Each party's age, health, and income are also considered to ensure fairness.

To resolve disputes regarding child custody and spousal maintenance in Victoria, parents can utilize mediation through Family Dispute Resolution (FDR), which is often required before proceeding to court. If an agreement is reached, a Parenting Plan or Consent Orders can be formalized. If mediation fails, parties may seek Parenting Orders and/or Spousal Maintenance Orders from the Family Court or Federal Circuit and Family Court of Australia. The court considers the child's best interests and the financial needs and capacities of both parties.