Trusted Melbourne Family Lawyers -
Straightforward. Tough.
Client-Focused.
As a leading family law firm
We provide clear legal advice and stand firm to protect your interests. Our fees are fair and transparent, and we know exactly when to fight hard for you. We specialise in all areas of family law Melbourne, including divorce, child custody, property settlements, and more. Our reputation is built on strategic representation, protecting your rights, and maintaining strict confidentiality throughout your case. When you choose us as your divorce lawyers Melbourne, you receive high-quality legal services, straightforward advice, and clear cost structures. You’ll have direct access to your dedicated lawyer not just an assistant, ensuring personalised support from start to finish.Based in Melbourne with meeting rooms in the Melbourne CBD and inner suburbs such as Preston and Bundoora, our well-established law firm offers a refreshingly direct approach to family law.
Why Choose our Melbourne Family Law Firm?
-
Expert advice and strong representation from experienced Melbourne family lawyers.
-
Access to a professional network of legal experts to support your family law matters.
-
A supportive, judgment-free environment where you feel comfortable discussing your case.
If you’re looking for a reliable and approachable family lawyer in Melbourne, contact us today for a consultation and take the first step toward resolving your family law issues with confidence.
Prepare yourself for an Application for Divorce with the following information
01. Date and place of marriage
02. A copy of your marriage certificate
03. Date of separation
04. Details of children under 18
05. Where are the children spending time?
How to get a Divorce?
Divorce is the legal process of formally ending a marriage. In Australia, it is governed by the Family Law Act 1975 and requires that the marriage has broken down irretrievably, demonstrated by a 12-month separation period
Divorce v Separation:
What's the Difference?
We understand that going through a divorce can be one of the most stressful experiences in your life. Beyond the emotional turmoil, you now have to navigate the complex legal and financial aspects of separating from your partner. That's where we come in - we are committed to guiding you through every step of the process with transparency and care.
Separation occurs when a couple decides to live apart, with at least one person intending to end the relationship. This can happen even if both parties continue living under the same roof, provided certain conditions are met.
Divorce, on the other hand, is the legal dissolution of a marriage. You do not need to be divorced to make arrangements for children or property, but you must be divorced if you wish to remarry.
How We Can Help
At our Melbourne-based practice, we assist individuals through every stage of the divorce process, including:
-
Clarifying your legal rights and obligations
-
Preparing and filing divorce applications
-
Advising on separation under one roof
-
Navigating parenting and property matters alongside divorce
-
Representing you in court if required
We understand that this is a deeply personal and often emotional time. Our role is to provide clear, compassionate legal guidance so you can move forward with confidence.
Ready to Talk?
If you're considering divorce or have questions about your next steps, we’re here to help. You can contact us to book a confidential consultation.
You don’t have to navigate this alone. Let’s work through it together—with clarity, care, and experience.
How to get a Divorce?
1. Separation Requirement
-
You and your spouse must be separated for at least 12 months before applying for divorce. Separation can occur even if you continue to live under the same roof, provided you lead separate lives.
2. Meet Residency and Eligibility Criteria
-
You or your spouse must be:
-
An Australian citizen, or
-
Ordinarily living in Australia and have done so for at least 12 months prior to applying, or
-
Regard Australia as your permanent home.
-
3. We will prepare Divorce Application
-
Complete the Application for Divorce form. Decide whether to file a sole or joint application.
-
Gather required documents, including your marriage certificate and, if necessary, affidavits (e.g., for separation under one roof).
4. We will file the Application
-
Lodge your application and supporting documents with the Federal Circuit and Family Court of Australia.
-
Pay the filing fee (concessions may be available for eligible applicants).
5. We will arrange service of the Application (Sole Applications Only)
-
If you are applying alone, you must serve the divorce papers on your spouse within the required timeframe (28 days before the hearing if in Australia, 42 days if overseas). You cannot serve the papers yourself; another person must do it and provide an affidavit of service.
6. We will attend the Divorce Hearing (if required)
-
A hearing date will be set. Attendance is required if there are children under 18 or if a Response to Divorce has been filed. Otherwise, the process may be handled administratively.
7. Divorce Order Granted
-
If the court is satisfied with the application and arrangements for any children under 18, it will grant a divorce order. The order becomes final one month and one day after the hearing.
8. Post-Divorce Matters
-
After the divorce order is final, you have 12 months to apply for property settlement or spousal maintenance orders if needed.
-
Yes, you may file a divorce separately and without the consent of your spouse or you can apply for a divorce jointly.
If you apply for divorce solely we will need to arrange service on your spouse via a process server.Fees vary
-
Couples married less than two years had to previously undergo compulsory counselling and obtain a certificate before applying for divorce.
-
In June 2025 changes: Sections 44(1B) and 44(1C) of the Family Law Act will be repealed, eliminating this requirement entirely. This means no waiting period based on marriage duration – couples can now apply for divorce as soon as they meet the 12-month separation requirement, regardless of how long they've been married.
Critical Time Limits Still in Effect
-
12-Month Separation Requirement
All divorces still require proof of 12 months' separation with no likelihood of reconciliation. Couples living separately under one roof must provide additional evidence (e.g., financial independence, lack of intimacy). -
Property Settlement Deadlines
-
Married couples: 12 months from divorce finalisation to apply for court orders.
-
De facto couples: 2 years from separation date.
-
Extensions: Available only if "hardship" is proven, requiring evidence of a strong legal claim and valid reasons for delay.
-
Key Implications
-
Faster divorce access: Short-term marriages no longer face additional delays.
-
Property risks: The 12-month post-divorce deadline for married couples remains strict – formalise agreements or file court applications promptly.
-
Evidence requirements: Cohabiting separated couples must carefully document their living arrangements (e.g., separate finances, social independence).
-
Fees vary
Divorce Application $1,800
Divorce Application with children $2,200
- Meet with us to confirm your instructions. We will send the draft documents for you to review and approve, finalise the documents, sign the documents, lodge the documents with the Federal Circuit and Family Court of Australia and arrange for service of documents.
The fees above do not include the Court filing fee.
Our Services
Divorce Lawyers Melbourne
More of our services that we offer can be found below.