Post-Divorce Checklist Victoria

The One-Month-and-One-Day Rule

Your divorce isn't final the day the judge grants it. Under the Family Law Act 1975, the divorce order normally takes effect one month and one day after the hearing, unless the Court makes a special order changing that timing. Until that date passes, you're still legally married — you can't remarry, you can't apply for a passport replacement under the divorce fee waiver, and the clock on your 12-month property settlement deadline hasn't started.

Once that day arrives, download your digital divorce order from the Commonwealth Courts Portal (comcourts.gov.au). There's no paper certificate — the digital order with the court's electronic seal is the only official proof of divorce for divorces finalised after February 2010.

Week 1–2: Financial Security First

Start with the accounts that carry the most immediate risk:

Joint bank accounts — Contact your bank and convert every joint account from "either-to-sign" to "two-to-sign" (dual authorisation). This prevents either party from draining the balance while a property settlement is pending. Ask when the change will take effect and confirm it before moving funds.

Joint credit cards — Request the bank suspend the credit limit and cancel all secondary cards. The primary cardholder remains liable for the full balance regardless of any family court order, so freezing new charges protects both parties.

Mortgage redraw — If your joint mortgage has a redraw facility, lock it down. Either party can withdraw available redraw funds without the other's knowledge.

Digital security — Change passwords on shared email, cloud storage (iCloud, Google), and streaming accounts. Remove your former spouse from shared password managers and any home security systems.

Week 2–4: Estate Planning and Powers of Attorney

These carry more legal risk than most people realise.

Will — During separation, your existing will stayed fully valid. Now that divorce is final, Section 14 of the Wills Act 1997 (Vic) kicks in: it automatically revokes gifts to your former spouse and their appointment as executor, trustee, or guardian. But the rest of your will still stands. If you didn't name an alternate executor or beneficiary, parts of your estate could fall into intestacy. Draft a new will immediately.

Binding Death Benefit Nomination (BDBN) — Your super doesn't pass through your will. If you nominated your ex-spouse in a BDBN, that nomination stays active regardless of divorce. The fund trustee is legally bound to pay the death benefit according to the nomination, even if your new will says otherwise. Submit a replacement BDBN to your super fund now.

Enduring powers of attorney — If your former spouse holds your enduring power of attorney, they can still access your bank accounts and make personal or lifestyle decisions on your behalf. Execute a formal written revocation and serve it on the former attorney, your bank, and any medical providers.

Month 1–6: Property and Super Splitting

The 12-month deadline — You have 12 months from the date your divorce order takes effect to file property settlement proceedings. Miss it, and you need special leave from the court — which is rarely granted. If your property settlement isn't already formalised in Consent Orders or a Binding Financial Agreement, prioritise this above everything else.

Superannuation — Super is property under the Family Law Act, but it can't be split informally. The process starts with a Form 6 request to the fund trustee for a formal valuation. Draft splitting orders must be served on the trustee at least 28 days before filing with the court. The split itself executes on the fourth business day after the trustee receives sealed court orders.

Property title transfers — If one person is keeping the family home, the title transfer must be lodged through PEXA with Land Services Victoria. Claim the stamp duty exemption under Section 44 of the Duties Act 2000 (Vic) by submitting the Digital Duties Form through the SRO Duties Online portal before settlement. The exemption only applies if you have formalised Consent Orders or a BFA — informal agreements won't qualify.

Month 1–3: Identity Updates

These can run in parallel with the property steps:

• VicRoads — notify within 14 days of a name change (free update, $33.30 for replacement card)
• Passport — free replacement if your current passport has more than 2 years validity; otherwise $265
• Medicare — update via myGov or by phone (free, new card in 14 business days)
• ATO — update before filing your next tax return (free via myGov)
• Electoral roll — update within 21 days; AEC update automatically flows to VEC

Ongoing: The Items People Forget

Insurance policies — Update beneficiaries on life insurance, remove your former spouse from car and home insurance policies, and if you were on your ex's private health cover, arrange your own policy and ask the insurer and the ATO how the change affects premiums, the Medicare Levy Surcharge, or Lifetime Health Cover.

Schools and childcare — Notify them of the change in family circumstances, update emergency contacts, and confirm pickup authorisation. Both parents retain the right to access school records unless a court order says otherwise.

Centrelink — Report your separation within 14 days. Your payment rates, eligibility, and income test change when you shift from "partnered" to "single" status.

Utility accounts — Transfer gas, electricity, water, and internet accounts into the name of the person staying in the home. The person on the bill is the person liable for the debt.

The Victoria After-Divorce Checklist walks through every one of these steps with agency-specific instructions, pre-drafted letters, and deadline trackers so nothing gets missed.

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