VIC How Long Does Divorce Process Take?

[Jay singh]

Hi,

We want to apply for a divorce with mutual consent in Victoria, but we're not sure of the process. Some opinion would really help.

We bought a property together, which is under both our names and we planned to renovate and sell it. We would continue to live under same roof until we have finalised the plans and move to different houses once the reno starts and would split the money in half upon settlement of the sale.

My main concern is, how long does it take to get a divorce finalised? How much does it cost? Do we need to apply with family court or federal circuit court? What proof do we need to supply?

We sleep in separate rooms, have separate bank accounts, etc.

What else do I need to know before commencing an application?

Thanks in advance.

 

[Matthew Lynch]

If you have been separated for 12 months you need to file an application for divorce in the Family Court of Australia. It will take around 1-2 months from the date of filing to get a date for the making of the Order. The Order is of effect 1 month and one day from the date it is made.

If you want to split the proceeds of sale of your property you need to file an Application for Consent Orders in the Federal Circuit Court of Australia in relation to Property.

If you need help with this process I happy to talk to you about what is involved for free. You can contact me on this link Matthew Lynch - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly.

 

[Sophea]

Hi Jay,

The main thing you will need to be able to prove is that you were separated for 12 months. This demonstrates to the court that there is no prospect of reconciliation so they must be satisfied of it.

If you are still living under the one roof, proving separation is still possible however you would need to point to changes in sleeping arrangements a reduction in shared activities and family outings, not performing household duties for one another and a division of finances. Check this out for further info: Separated but living under one roof - Family Court of Australia

 

[Sophea]

Oh and the current filing fee for divorce is $865. However you can seek a reduced fee of $290, if you are on some sort of health care or concession card.

 

[Jay singh]

Hi Sophea and MatthewL, thanks a lot - it's really helpful. I am sorry I should have explained the scenario in detail.

We are actually planning to live under the same roof but sleep separately and have separate cars. I have no connections with her friends and she doesn't have anything to do with mine, though we don't have many friends anyways.

I have my own life. I come home when I want and same with her, but things are not in bad shape. We mutually agreed to change paths. I know it will be a bit hard to provide evidence as compared to living separate for 12 months.

I read the family court webpage but can't find info about what type of proof I need to submit. In regards to the fees I read, if its a joint application the fees would be $169 and federal circuit court feed $865 or something.

thanks

 

[Sophea]

Hi Jay,

Yes the evidence that you need to provide to prove your separate living under the one roof is via affidavit. This is a signed and witnessed statement that you make to the court of the factual circumstances surrounding your separation. Here is a link to the form: Affidavit - Family Court of Australia

This also provides some info on what your affidavit should contain, for example the fact that you are sleeping in separate beds, you do not do houseowrk for each other, you do not do things socially together, and you have separate finances etc.
Separated but living under one roof - Family Court of Australia

Yes i believe the filing fee for a divorce application is currently $865, unless you have a health care or concession card in which case it can be reduced to $290.