Family law in Victoria: fees, deadlines and next steps

Which court or process do you need?

Start with the decision you need, rather than treating every family problem as a divorce application. If you have been served, keep the complete documents and identify the court, hearing date and response requirements immediately.

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Follow your hearing notice for the venue and attendance method. Not every Victorian family case is heard in Melbourne or requires physical attendance.

Divorce: separation, filing and when it takes effect

Divorce legally ends a marriage. De facto partners do not need a divorce. The court’s application guide says to apply after 12 months and one day of separation. Sections 48–50 of the Family Law Act govern the separation requirement; living separately under one roof can qualify with evidence. Citizenship, domicile or residence requirements must also be met.

A qualifying reconciliation on one occasion lasting no more than three months can allow the periods of separation before and after it to be combined; the time living together is excluded. Obtain advice if the dates or relationship status are disputed.

A sole application must be properly served; a joint application does not require serving the other joint applicant. Since 10 June 2025, a counselling certificate is no longer required merely because the marriage lasted under two years, and sole applicants with children under 18 are not automatically required to attend the hearing. Follow the court’s directions for your case.

A divorce generally takes effect one month and one day after it is granted, subject to the order and statutory exceptions. Record the effective date: it matters for the ordinary financial application limit. Divorce itself does not divide property or create parenting orders.

Current divorce and family court fees

These Australian-dollar court charges apply from 1 July 2026 and were checked on 23 October 2026 against the FCFCOA fee table and official annual fee notice. GST does not apply to these court fees.

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Divorce has a reduced-fee route rather than a complete fee exemption. Other eligible charges may be exempted under the court’s concession and hardship rules. Further hearing, service, expert and legal costs may arise; these figures are not a total case price.

Property rights and application deadlines

Moving out does not itself mean abandoning your share of the home. Get somewhere safe if needed. Existing orders, occupation of the home, mortgage payments and arrangements for children need separate advice; do not remain in danger to preserve a supposed property entitlement.

There is no automatic 50–50 division. The court’s property framework considers assets and liabilities, contributions, current and future circumstances, and whether orders are just and equitable. Changes commencing 10 June 2025 expressly address relevant economic effects of family violence and financial disclosure. The transition rules matter for a final hearing already underway when the changes began.

De facto financial jurisdiction has qualifying relationship, geographical and commencement requirements. Under section 90SB, a relationship under two years is not necessarily excluded: a child of the de facto relationship, registration under prescribed law, or substantial contributions by the applicant coupled with serious injustice to that applicant if no order were made can provide a gateway. The separate geographical tests are in section 90SK for property and section 90SD for maintenance. Check the de facto court guide and obtain advice on the applicable statutory test.

Superannuation can be dealt with through an appropriate splitting agreement or order, but it is not ordinarily immediately available cash. Before signing a settlement or transferring assets, obtain advice about disclosure and how to make the agreement legally effective.

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These are limits for starting relevant proceedings, not completing a settlement. Negotiations or a consultation do not themselves file an application or stop time running. Foreign divorces, death, agreements and existing proceedings need separate checking.

Parenting orders, plans and mediation

Under sections 60CA–60CC, the child’s best interests are paramount. The current framework considers safety, the child’s views and needs, carers’ capacity, safe relationships and other relevant circumstances, with additional cultural considerations for Aboriginal and Torres Strait Islander children. The former equal-shared-parental-responsibility presumption was removed from 6 May 2024. There is no automatic equal-time outcome.

A parenting plan is not itself enforceable like a parenting order. Court-approved consent orders are enforceable; a later plan can affect existing orders, so get advice before changing arrangements. The court’s agreement guide explains the options.

Most contested parenting applications need a section 60I certificate from an accredited family dispute resolution practitioner, or a court-granted exemption. Since 10 June 2025, the relevant application cannot be accepted for filing without the certificate or granted exemption. The parenting practice direction identifies the supporting documents.

Urgency, relevant violence or abuse concerns, inability to participate and other statutory situations can support an exemption. Refusal by the other person can support a practitioner’s certificate; it does not itself give you an automatic court exemption. Explain safety concerns before mediation and supply the required evidence.

Section 60I is not a property-filing certificate requirement. Financial cases have their own pre-action, disclosure and dispute-resolution procedures, with applicable exceptions. If both types of orders are sought, both sets of requirements need attention.

Victorian intervention orders and child protection

Call 000 for immediate danger. Police can use a family violence safety notice or seek an intervention order. The Magistrates’ Court FVIO guide explains protection orders and applications. Urgent protection can be sought, but there is no promised same-day outcome.

Under section 31 of the Family Violence Protection Act 2008, a police safety notice is also an application and summons. The first mention must be no later than 14 days after service, and as soon as practicable in the specified exclusion-from-home and temporary-accommodation circumstances. Read the actual notice for when and where to attend.

A final FVIO does not have a standard two-year duration. Under sections 97–99, the court may specify its period; without a specified period it continues until revoked or set aside. Where the respondent is a child, the period is ordinarily no more than 12 months unless exceptional circumstances apply.

Read and comply with the current conditions while seeking advice about a response or variation. Give your adviser both parenting and intervention orders: neither should be assumed automatically to cancel the other. Breaching an order can be a criminal offence.

DFFH child protection is a separate process. The Children’s Court explains its protection orders. This guide does not determine the grounds for intervention or an individual child-protection outcome.

If children may move or assets may be transferred

Interstate relocation and overseas departure are different. Moving a child without agreement or a permitting order can lead to return proceedings and may breach existing parenting orders. Section 65Y concerns taking or sending a child outside Australia; it is not a general offence of crossing a state border. Read the court’s relocation and travel guide and seek advice promptly.

The Family Law Watchlist concerns overseas departure. If a child may be taken overseas before the next working day, the court lists 1300 352 000 for referral to its out-of-hours emergency service. This is a specific court emergency route, not a general legal-advice line.

If an asset sale or transfer is imminent, an urgent financial application may be appropriate. The court assesses the request and supporting evidence. Do not assume a particular order or a hearing within a fixed number of hours. A relationship or anticipated settlement does not itself establish a right to lodge a caveat.

What to bring to your first family lawyer consultation

Start with the immediate decision and next deadline. Gather records already safely and lawfully available; do not delay urgent help or access someone else’s private account to complete this checklist.

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Official help and free legal information

These services offer information and eligible assistance. Availability and scope vary; a duty service is not a promise of ongoing representation.

Common questions about family law in VIC

Related legal information