Divorce
The Final Step to Your New Beginning
Legally finalising your separation with a divorce is a major step. While it often brings relief and closure, the court application itself can be confusing, with strict rules, forms, and deadlines. You need to be sure it’s done correctly.
At Irvine Lawyers, we make the divorce application process simple. We manage the entire process for a fixed fee, giving you certainty and closure to move forward.
Why Choose Irvine Lawyers for Your Divorce
- Fixed-Fee Divorce Service: Competitive fixed fee for standard divorce applications ensures cost certainty.
- A Stress-Free Process: We handle the paperwork, filing, and formal service (if required).
- Practical Advice: Clear, plain-English guidance for complex situations, including children under 18 or ‘under one roof’ separation.
- Expertise in All Applications: Experience with sole, joint, overseas, and hard-to-locate spouse applications.
Divorce Applications: What It Covers
- Joint vs. Sole Applications: Joint is simplest, filed together; sole is filed individually and requires service on your ex-partner. We advise on the best approach and manage it all.
- Separation Under One Roof: We prepare affidavits to prove separation if living in the same house during the 12-month period.
- What Divorce Does NOT Cover: Divorce does not finalise parenting or property arrangements. These are separate legal matters to address within 12 months of divorce becoming final.
How It Works: Our Simple Divorce Process
- Free Initial Chat: 30-minute confidential consultation to confirm eligibility and explain process.
- Fixed-Fee Quote & Documents: Receive quote and list of required documents (marriage certificate, ID).
- We Prepare & File: Draft application and supporting affidavit, then file with the Federal Circuit and Family Court.
- Service of Documents (for sole applications): We manage service and prepare the Affidavit of Service for the Court.
- The Court Hearing: Usually, no attendance required for joint applications. We monitor dates and notify you when Divorce Order is granted.
- Your Divorce is Final: One month and one day after the hearing. We provide the official sealed Divorce Order.
Pricing & Transparency
Fixed fee plus Federal Court filing fee for standard applications. Complex cases (e.g., locating a spouse) receive clear cost estimates before starting.
Common Situations We Handle
- Straightforward joint divorce applications where both parties agree.
- Sole divorce applications where one party files independently.
- Divorce applications involving children under 18.
- Preparing affidavits for separation under one roof.
- Guiding clients unfamiliar with the Australian divorce process.
- Handling overseas or hard-to-locate spouses.
Meet Our Team
Our family lawyers handle divorce applications with efficiency, compassion, and sensitivity, ensuring legal closure so clients can focus on their future.
Service Areas & Contact
From our offices in Warrnambool and South Morang, we offer fixed-fee divorce services across Melbourne and regional Victoria.
Call us on (03) 9422 5439 for South Morang or (03) 5562 9196 for Warrnambool, or Book your free 30-minute case assessment online.
FAQs: Divorce in Victoria
How long do I have to be separated to get a divorce?
Minimum of 12 months (and one day) separation is required before filing.
Does the divorce sort out our property and children?
No. Divorce only legally dissolves the marriage. Property and parenting arrangements are separate, and you have 12 months from finalisation to file for property settlement.
Do I have to go to court for my divorce hearing?
Usually not for joint applications. Sole applications with children under 18 may require a short hearing, often by phone, which we can manage for you.
What if we were separated but lived in the same house?
Affidavits explaining how you lived separate lives are required. We can prepare these for you.
How long does a divorce take?
Hearing usually set 2–4 months after filing. Divorce becomes final one month and one day after the hearing. We manage the process and keep you informed.