Divorce Lawyers Melbourne
Helping you make the right decision.
You don't have to navigate this alone, we will work through this with clarity, care and experience.
The Process of Divorce
How to get a Divorce?
Divorce is the legal process of formally ending a marriage. In Australia, it requires that the marriage has broken down irretrievably, demonstrated by a 12-month separation period.
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.
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How can a divorce lawyer help?
At our Melbourne-based practice, we assist individuals through every stage of the divorce process, including:
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Clarifying your legal rights and obligations
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Preparing and filing divorce applications
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Advising on separation under one roof
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Navigating parenting and property matters alongside divorce
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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.
Prepare for a Divorce
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?
1. Separation Requirement
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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
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You or your spouse must be:
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An Australian citizen, or
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Ordinarily living in Australia and have done so for at least 12 months prior to applying, or
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Regard Australia as your permanent home.
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3. We will prepare Divorce Application
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Complete the Application for Divorce form. Decide whether to file a sole or joint application.
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Gather required documents, including your marriage certificate and, if necessary, affidavits (e.g., for separation under one roof).
4. We will file the Application
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Lodge your application and supporting documents with the Federal Circuit and Family Court of Australia.
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Pay the filing fee (concessions may be available for eligible applicants).
5. We will arrange service of the Application (Sole Applications Only)
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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)
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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
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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
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After the divorce order is final, you have 12 months to apply for property settlement or spousal maintenance orders if needed.
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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.
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Couples married less than two years had to previously undergo compulsory counselling and obtain a certificate before applying for divorce.
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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
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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
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Married couples: 12 months from divorce finalisation to apply for court orders.
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De facto couples: 2 years from separation date.
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Extensions: Available only if "hardship" is proven, requiring evidence of a strong legal claim and valid reasons for delay.
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Key Implications
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Faster divorce access: Short-term marriages no longer face additional delays.
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Property risks: The 12-month post-divorce deadline for married couples remains strict – formalise agreements or file court applications promptly.
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Evidence requirements: Cohabiting separated couples must carefully document their living arrangements (e.g., separate finances, social independence).
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We at Charbel Lawyers are Family Lawyers in Melbourne committed to transparency, we offer fixed fee packages and clear pricing. You will know all the fees upfront for your divorce.
We are transparent with our clients, to prepare your application for divorce:
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Joint Application with your ex spouse - $990 excl GST or a Sole Application $1,100 excl GST + $200 excl GST (with children). *prices subject to change in 1 July 2025.
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There will be additional fees such:
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The Court filing fee that the Court charges you, $1,100 or $365 (concession card holder) *prices subject to change in 1 July 2025.
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If we need to serve your former spouse the Application for Divorce via a (process server) we charge you the direct cost for their service nothing extra.
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To begin the process to apply for a divorce or just to get some clarity, you can book a free introductory call. There is no obligation to continue with our service.
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Our Services
Divorce Lawyers Melbourne
More of our services that we offer can be found below.