Family law

Separation & divorce in Victoria.

What you do in the first month after separating can shape a property settlement months later, and getting sensible advice early is often what keeps those questions out of court. CMK Legal in Richmond can assist with the practical steps that matter early, and with the divorce application itself once you are eligible. Separation and divorce are two related but separate things, and we help you approach both properly from the start.

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Advice from a lawyer

You speak with the lawyer handling your matter, not a call centre.

Realistic timeframes

Divorce applications prepared carefully so avoidable errors do not cause delay.

Costs explained up front

Fixed fee for divorce applications, quoted before we start.

Family Law Act & Victorian courts

Family Law Act 1975 and the Federal Circuit and Family Court of Australia.

Separation and divorce, explained.

Separation under the Family Law Act 1975 is a factual state rather than a legal event. There is no form to lodge and no court order needed to be separated. What matters is the date one or both of you decided the relationship was over and acted on that decision, because that date starts the clock on property time limits and on the twelve months you must wait before applying for divorce.

A divorce itself does no more than legally end the marriage. It does not divide property, decide parenting arrangements or resolve spousal maintenance. Those are separate matters with their own timeframes, and once a divorce order takes effect you have only twelve months to start a property or maintenance claim without the court's permission.

Most divorces in Victoria are undefended and can be applied for jointly or by one party alone. Where there are children under 18, the court needs to be satisfied that proper arrangements are in place before making the order, though this rarely delays a straightforward application. The property and parenting questions are best resolved by agreement wherever possible, and the law expects the parties to try.

You can be separated while still living in the same house. If that is your situation, keep a record of the change, such as separate finances, separate bedrooms and how you present to family and friends, because you will likely need an affidavit from someone who knows you both to support a later divorce application.

Why get advice at separation, not just at divorce.

Understand what the separation date actually does

It starts the twelve month countdown to divorce eligibility and the time limits for property and de facto claims. Getting it wrong can affect your right to bring a claim at all.

Protect your position before you file

Understanding what happens to joint accounts and the family home, and knowing what not to sign, matters far more before a divorce application than after one.

Keep the children's arrangements separate from the paperwork

A divorce needs the court to be satisfied proper arrangements exist for children under 18, but it does not decide those arrangements. We can help you settle them sensibly alongside the application.

Resolve the hard questions out of court

Property and parenting are best sorted by agreement. Early advice on where you stand helps keep those matters in negotiation rather than letting them escalate into a contested case.

Talk to us if.

  • You have separated and want to understand what happens next
  • You are unsure whether you have been separated long enough to apply
  • You separated under the same roof and need to prove it later
  • You need to file a joint or sole divorce application
  • Your spouse cannot be located to be served
  • You have children under 18 and need arrangements in place
  • You want to know the deadline for a property claim after divorce
  • You are being pressured to sign something before you have had advice

Bring your marriage certificate, or an application for one, your separation date and, if relevant, your current parenting arrangements. Most divorce applications can be prepared in a single appointment.

How a divorce application runs.

  1. 01

    Eligibility check

    We confirm your separation date, the residency requirement (Australian citizenship, domicile in Australia, or twelve months ordinary residence before filing) and whether a sole or joint application is right for you.

  2. 02

    Preparation and filing

    The application is prepared, including arrangements for any children under 18, and filed with the court.

  3. 03

    Service

    For a sole application, your spouse must be formally served and given the opportunity to respond.

  4. 04

    Hearing

    Most divorces are dealt with on the papers. A hearing is only required in limited circumstances, such as where children are involved and the sole applicant does not attend.

  5. 05

    Divorce order

    The order takes effect one month and one day after the hearing, starting your twelve month window for property claims.

Transparent fees.

Divorce applications are handled for a fixed fee, quoted before we start and inclusive of the court filing fee estimate. Where separation raises property, parenting or maintenance issues, we explain the fees for those separately, so you always know what each step costs before you commit to it.

Request a fixed-fee quote

FAQs

Separation & divorce FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How long do we need to be separated before applying for divorce?
Twelve months and one day from the date of separation. You can be separated and living under the same roof for part or all of that period, but you will usually need supporting evidence for the application.
Does the divorce sort out our property and children's arrangements?
No. A divorce order only ends the marriage. Property, superannuation and parenting arrangements are separate matters and can be started before, during or after the divorce is finalised.
Do we have to go to court to sort out property and parenting?
Usually not. The law expects separating couples to make a genuine attempt to resolve these questions by agreement first, through negotiation or mediation, and most matters settle without a contested hearing. Court is generally a last resort.
What is the time limit to sort out property after divorce?
Twelve months from the date the divorce order takes effect. After that, you need the court's permission to bring a claim, which is not guaranteed and depends on your reasons for the delay.
Can we apply for divorce together?
Yes. A joint application does not need to be formally served on the other party and can be simpler where you agree on the basic facts, though it does not require you to agree on property or parenting.
What if I don't know where my spouse is?
You can apply for substituted service or dispensation of service, using other evidence to satisfy the court that reasonable efforts have been made to locate them.
We got back together briefly. Does that reset the twelve months?
Not necessarily. A single period of living together again of less than three months does not cancel out the earlier separation, and the periods either side can be added together to reach the twelve months. A reconciliation of three months or more starts the clock again.
Can my spouse stop the divorce?
There are only three grounds to oppose a divorce: that you have not been separated for twelve months, that you were never validly married, or that the court does not have jurisdiction. A response has to be filed within 28 days of being served, and a divorce cannot be defended simply because one party does not want it.
When can I remarry?
Once the divorce order takes effect, which is one month and one day after it is made. You cannot remarry in the period between the hearing and the order taking effect.
We married overseas. Can we still divorce here?
Yes, provided the residency requirement is met. Your overseas marriage certificate can be used, and if it is not in English it needs a translation supported by an affidavit. If the certificate cannot be obtained at all, there is an affidavit process to set out the marriage and the efforts made to get it.
We divorced overseas. How long do we have to sort out property?
This is a common trap. An overseas divorce does not start the twelve month property window the way an Australian divorce order does, so the timing of a property or maintenance claim needs to be checked carefully rather than assumed.

Related services.

Property settlements

A fair division of assets, superannuation and debts, documented so it is final.

Learn more

Children's arrangements

Parenting plans and orders focused on stability for the children.

Learn more

De facto matters

The same property and parenting rights, with a different starting point to prove.

Learn more

Get clear advice on separation and divorce.

Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.

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