Frequently Asked Questions

Get answers to common questions about family law matters in Victoria

Divorce & Separation

How long do I need to be separated before applying for divorce?

In Australia, you must be separated for at least 12 months before you can apply for a divorce. This separation can be under the same roof, but you'll need to prove that the marriage has broken down irretrievably.

How much does a divorce cost in Melbourne?

The Federal Circuit and Family Court filing fee for divorce is $1,060 (as of 2025). If you hold certain government concession cards, the reduced fee is $350. Legal fees vary depending on complexity and whether the divorce is contested.

Do I need to go to court for my divorce?

If you have no children under 18, you typically don't need to attend court. If you have children under 18, at least one party must attend the court hearing to ensure proper arrangements are in place for the children.

Child Custody & Parenting

How is child custody determined in Victoria?

The court's primary consideration is the best interests of the child. Factors include the child's relationship with each parent, each parent's capacity to provide for the child, and the need to protect the child from harm.

What is the difference between sole and shared custody?

Shared parental responsibility means both parents make major decisions about the child together. Sole parental responsibility gives one parent the authority to make major decisions. The court favors shared responsibility unless it's not in the child's best interests.

Can parenting orders be changed?

Yes, parenting orders can be varied if there has been a significant change in circumstances. Both parents can agree to changes, or you can apply to the court for a variation if agreement cannot be reached.

Property Settlement

How is property divided in a divorce?

Property division follows a four-step process: identifying the asset pool, assessing contributions (financial and non-financial), considering future needs, and determining if the division is just and equitable. There's no automatic 50/50 split.

Is superannuation included in property settlement?

Yes, superannuation is treated as property and can be split between parties. The split can be done by agreement or court order, and special procedures apply for dividing super funds.

What is the time limit for property settlement?

For married couples, you have 12 months from the date your divorce becomes final to apply for property orders. For de facto couples, it's 2 years from the date of separation. Extensions may be granted in exceptional circumstances.

Legal Process & Costs

Do I need a lawyer for family law matters?

While you can represent yourself, family law is complex and a lawyer can help protect your rights, navigate the legal system, and achieve better outcomes. At minimum, seek legal advice to understand your position.

What is family dispute resolution?

Family Dispute Resolution (FDR) is a form of mediation to help separating families reach agreements without going to court. It's mandatory for most parenting matters before court proceedings can begin, with some exceptions.

How long do family law proceedings take?

Timeline varies greatly depending on complexity and whether matters are contested. Simple consent orders can take 6-8 weeks. Contested matters may take 12-24 months or longer if they proceed to final hearing.

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