How to File for Divorce in Victoria: Step-by-Step Guide

Filing for divorce in Victoria is entirely online through the Commonwealth Courts Portal. The process is federal — governed by the Family Law Act 1975 — so the same rules apply whether you're in Melbourne CBD or regional Ballarat. Here's every step from eligibility check to final order.

Before You Start: Three Prerequisites

You cannot file until all three are true:

1. 12 months and 1 day of continuous separation have passed since you and your spouse separated
2. At least one of you is an Australian citizen, permanent resident, or has lived in Australia for the past 12 months
3. You have your original marriage certificate (foreign certificates need a NAATI-accredited English translation)

Step 1: Choose Sole or Joint Application

• Joint application: Both spouses cooperate, both sign the affidavit. No service required, no hearing attendance needed. The cheaper, faster path if your ex will participate.
• Sole application: Only you file. You'll need to serve papers on your spouse afterward and may need to attend the electronic hearing.

Step 2: Register on the Commonwealth Courts Portal

Go to comcourts.gov.au and create an account. The portal guides you through the application in sections covering your personal details, marriage details, separation date, residency proof, and (if applicable) arrangements for children under 18.

Step 3: Complete the Online Application

The portal walks through Parts A to F. Key sections:

• Part B (Marriage details): Your marriage certificate details exactly as they appear on the document
• Part C (Separation): The exact separation date — get this wrong and your application fails
• Part F (Children): If you have children under 18, describe their living arrangements, schooling, and health care. The registrar needs to be satisfied they're being cared for before granting the divorce.

Once you reach the "Lock and Continue" stage, you cannot edit earlier sections. Double-check everything first.

Step 4: Print, Sign, and Upload Your Affidavit

The portal generates an "Affidavit for eFiling Application (Divorce)." You must:

1. Print it
2. Take it to a Justice of the Peace or solicitor
3. Swear or affirm it and sign every page in their presence
4. Scan the signed copy (under 30 MB) and upload it back into the portal

Free JPs are available at most Victorian courts, police stations, and community centres.

Step 5: Download the Required Brochure

The portal requires you to download the "Marriage, Families and Separation" brochure before it lets you proceed to payment. It's a statutory requirement — just download it and the system records compliance.

Step 6: Pay the Filing Fee

• Standard fee: A$1,170 (as of July 2026)
• Concession fee: A$390 if you hold a Health Care Card, Pensioner Concession Card, or can demonstrate financial hardship

Upload a scan of both sides of your concession card if applying for the reduced fee. For joint applications, both applicants must be eligible for the concession — if only one qualifies, the full fee applies.

Step 7: Select Your Registry and Hearing Date

Choose either the Melbourne Registry (305 William Street, Melbourne) or the Dandenong Registry (53-55 Robinson Street, Dandenong). Then pick a hearing date from the portal's calendar — typically 8-12 weeks out.

Regional Victorians in Ballarat, Bendigo, Geelong, Shepparton, or Morwell are still managed through the Melbourne registry system.

Step 8: Serve Your Spouse (Sole Applications Only)

If you filed a sole application, you must have the sealed documents served on your spouse at least 28 days before the hearing (42 days if they're overseas). You cannot serve the papers yourself — use a friend, relative, or professional process server over 18.

After service, upload the signed Acknowledgment of Service or Affidavit of Service to the portal.

Step 9: Attend the Hearing (If Required)

Following the June 2025 reforms, hearing attendance is generally not required:

• Joint applications: Attendance is waived
• Sole applications with no children: Attendance is waived unless the respondent files a formal Response
• Sole applications with children under 18: Attendance was previously mandatory but is now waived unless the registrar specifically directs it

Step 10: Wait for the Final Order

If the registrar grants the divorce, it becomes final exactly one month and one day later. You'll find the digital Divorce Order on the portal — no physical certificate is posted anymore.

After that date, you're legally single and free to remarry.

Common Pitfalls That Delay Victoria Divorces

• Filing one day too early (the 12-month period isn't complete)
• Uploading an unwitnessed affidavit
• Failing to serve within the 28-day window before the hearing
• Giving vague Part F answers about children's welfare

The Victoria Divorce Filing Process Guide provides pre-filing checklists, a separation date calculator, and a portal companion walkthrough to prevent these mistakes.

See more Victoria guides →