Victorian Divorce
The client, residing in Victoria, is considering divorce after discovering their spouse's infidelity in late 2024. They have been married for approximately 19 years and are still cohabiting. The couple shares children under 18, and the client prefers a joint custody arrangement. They possess shared assets, including real estate, vehicles, and bank accounts, as well as shared debts. The client is also seeking spousal maintenance and has evidence of infidelity, but they have not been separated for the required 12 months nor attempted marriage counseling.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the grounds for divorce in Victoria, and do I need to prove infidelity?
In Victoria, the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by living separately for at least 12 months. You do not need to prove infidelity or any specific fault by your spouse. Infidelity is not a legal ground for divorce, but it may be relevant in matters such as property settlement or spousal maintenance. Since you and your spouse currently live together and have not been separated for the required 12 months, you will need to establish this separation period before applying for a divorce.
How does infidelity affect the division of property and assets during divorce proceedings?
In Victoria, infidelity does not directly affect the division of property and assets during divorce proceedings. The Family Law Act emphasises a no-fault divorce system, meaning the court does not consider the reasons for the marriage breakdown when dividing assets. Instead, the division is based on the length of the marriage, contributions of each party, and the future needs of both parties. It is essential to compile detailed documentation of all shared assets and debts to facilitate an equitable division.
What is the process and timeframe for obtaining a divorce in Victoria?
In Victoria, the process for obtaining a divorce involves several steps. First, you must be separated from your spouse for at least 12 months before filing for divorce. If you are living together, you need to establish a separation date and live separately for this duration. You can then file an application with the Federal Circuit and Family Court. After filing, there will be a hearing date set, usually several months later. If both parties agree, the process can be straightforward. Once granted, the divorce becomes final one month and one day later.
Will infidelity have any impact on child custody arrangements?
In Victoria, infidelity does not directly impact child custody arrangements. The Family Court's primary consideration is the best interests of the children, focusing on their safety and welfare. Factors such as each parent's ability to provide a stable environment and the child's relationship with each parent are considered. Infidelity itself is not deemed relevant unless it affects these factors.
Are there any financial implications or entitlements, such as spousal maintenance, that I should be aware of in the divorce process?
In Victoria, spousal maintenance may be granted if one party cannot adequately support themselves post-divorce. It’s essential to demonstrate the financial disparity between you and your spouse and your need for support. Factors considered include income, assets, and expenses of both parties, along with the ability of the other spouse to pay.
