Divorce
Divorce in Dandenong: Your Guide to Navigating Separation in Victoria
Going through a divorce can be one of the most emotionally challenging times in a person’s life. Alongside the personal and family impacts, there are also legal processes to navigate. If you’re considering ending your marriage, it’s important to understand how divorce works in Victoria—and what steps to take to protect your rights and future.
This guide outlines the essentials of divorce in Australia, including eligibility, the legal process, and what comes next.
What Is Divorce Under Australian Law?
Australia has a no-fault divorce system. This means that you don’t need to prove who caused the relationship breakdown—only that the marriage has irretrievably broken down. The most important requirement is that you and your spouse have been separated for at least 12 months.
Separation can still be valid even if you’ve continued living in the same home during that time. This is known as being “separated under one roof” and may require extra evidence or statements.
Who Can Apply for Divorce?
- To apply for divorce in Australia, you or your spouse must meet at least one of the following:
- Be an Australian citizen
- Live in Australia and consider it your permanent home
- Have lived in Australia for at least the past 12 months before filing your application
- If you were married overseas, your marriage is still recognised as long as it was legally valid in the country where it took place. You’ll just need to provide a copy of your marriage certificate—and have it translated if it's not in English.
Step-by-Step Guide to the Divorce Process
- Separation: You and your spouse must be separated for a continuous 12-month period before applying. Short periods of reconciliation (under 3 months) won’t restart the clock.
- Completing the Divorce Application: You can apply for divorce as a sole applicant or as a joint application with your spouse. If you're applying on your own, you’ll be responsible for serving the divorce papers on the other party.
- Serving the Documents: For sole applications, you must serve the documents properly—either in person or via approved methods. This must be done at least 28 days before the scheduled hearing date (or 42 days if the other party is overseas).
- Court Hearing (If Required): You usually won’t need to attend court unless you and your spouse have children under 18 years old and you've applied alone. In these cases, the court may want to confirm that appropriate parenting arrangements are in place.
- Divorce Order: If all requirements are met, the court will grant a divorce order. It becomes final one month and one day after the hearing date.
How Long Does the Divorce Process Take?
From the time of filing to the divorce being finalised, the process usually takes between 2 to 4 months—assuming there are no complications and all paperwork is submitted correctly.
Is Legal Advice Necessary?
- You are not legally required to hire a lawyer to apply for divorce, especially if your situation is straightforward. However, legal advice can be valuable when:
- There are disagreements about children or property
- You need help with preparing documents or affidavits
- Your spouse is uncooperative or cannot be located
- You want to ensure your rights are protected throughout the process
Parenting and Property Are Separate Matters
It’s important to understand that divorce only deals with the legal end of a marriage—it does not decide who gets what or who the children live with. Parenting arrangements and property settlement must be handled through separate negotiations, agreements, or court orders.
If you are dealing with financial disputes or parenting conflicts, it’s best to seek early legal advice to avoid complications or delays.
Costs and Filing Fees
As of now, the standard government filing fee for divorce is over $1,000. However, reduced fees may apply if you hold a concession card or meet other eligibility criteria. If you hire a lawyer to assist with the process, there will be additional legal costs depending on the complexity of your case.
Frequently Asked Questions (FAQs)
Yes. You can apply for divorce without your spouse’s agreement, as long as you meet the legal requirements and serve them the documents properly.
If you’ve been married for under two years, you’ll need to attend counselling before applying or provide an affidavit explaining why counselling wasn’t possible.
You must wait until the divorce order becomes final—one month and one day after the court grants it—before remarrying.
This is allowed, but you’ll need to provide additional evidence that separation occurred under one roof, such as written statements from friends or family.
Divorce can feel overwhelming, but the process is structured and manageable with the right support and information. Whether you’re filing jointly, going it alone, or facing complications with children or property, knowing your legal rights and obligations helps reduce stress and avoid future conflict.
If you’re based in Dandenong and considering divorce, seeking guidance early can help you move forward with clarity and confidence.