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Divorce Application Victoria

In terms of your Divorce Application, you may want to do it yourself.  We can help you with this.

Alternatively, you may find it easier for us to prepare the Application and supporting documents on your behalf, serve them on your spouse, and do all that’s necessary to ensure that the divorce is granted by the Court.

For married couples, you must first have been separated for at least 12 months before you can apply to the Family Law Courts for a Divorce Order.  This period of separation could be entirely physical (separate residences), or some or all of it under the same roof (separate bedrooms and essentially leading completely separate lives, not as husband and wife in any way, perhaps aside from the shared care of your children or contributions made towards your joint debts, such as the payment of the mortgage or rent).

Some Divorce Applications are more complicated. For example, you may have continued to live together in the same house after separating, or had short periods during which you reconciled. In these situations, we can prepare the additional documents needed to satisfy the Court requirements and obtain the Divorce Order for you.

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If your spouse brought the Divorce Application, we can help you to respond to it or oppose it if necessary, bearing in mind that the details they include in the Application – such as the date of separation and who has since had the care of the kids – could have a critical impact down the track in terms of your property and/or parenting rights.

A Divorce Application is listed for hearing before the Family Law Courts about 3 to 4 months from the date it is filed.  On the day of the hearing, the Court will determine the Application and will make an Order terminating the marriage if it fulfills all relevant criteria.  This Divorce Order becomes absolute and final one month and one day after it is made by the Court.

If you’re having problems in your marriage or have already separated , it is important that you see us as soon as possible so we can help you deal with the impact on your children, finances, and lifestyle before any mistakes are made that may prejudice your position down the track.

Our extensive experience in the Family Law Courts system will help you map a pathway forward, and support you to make the right choices at the right times.