Divorce Lawyers Melbourne
Ready to apply for a divorce, or not sure where to start? Our divorce lawyers prepare and file your application so it goes through the first time, and in most cases you will not need to go to court.
Australia has a no-fault divorce system. The court does not ask why the marriage ended, only whether it has broken down with no reasonable likelihood of getting back together, shown by at least 12 months of separation. Applications are filed online with the Federal Circuit and Family Court of Australia, and a divorce order takes effect one month and one day after it is made.
The process looks simple on paper. In practice, applications are delayed or rejected because of missing documents, service that was not done properly, or separation dates that do not add up. That is where we come in.
Move forward with clarity and confidence.
A Divorce Does Not Decide Property or Parenting
What surprises our clients most is that a divorce has nothing to do with property or the children. A divorce order simply ends the marriage. Who keeps the house, how super is divided and where the children live are separate matters, dealt with by agreement, consent orders or a court application.
The divorce does start a clock, though. Once your divorce order takes effect, you have 12 months to apply for property orders. Miss it and you need the court’s permission to apply late, so get advice on property before, or at the same time as, your divorce.
Divorce applications need to be done accurately to make sure they go through the first time.
Katherine SiotosAssociate, Melbourne Family LawyersExperienced Divorce Lawyers in Melbourne
Many of our divorce clients were married overseas, and many have something that makes the application harder than it looks. We regularly help with:
- Marriages overseas
- Separation under one roof
- Spouse overseas or hard to find
- Substituted service
- Joint and sole applications
- Attending hearings for you
How the Divorce Process Works
Most divorces follow the same steps, and we handle each of them for you:
Confirm you are eligible
Prepare the application
File with the court
Serve your spouse
Divorce order granted
You can apply if you or your spouse is an Australian citizen, lives in Australia and regards it as home, or has lived here for at least 12 months before filing. If you married overseas, you need your marriage certificate, with a certified translation if it is not in English. If you have been married for less than 2 years, you must also attend counselling or get the court’s permission before you file.
When your spouse cannot be served
In a sole application, your spouse must be served with the application at least 28 days before the hearing, or 42 days if they are overseas. When that is not possible, we apply to the court for substituted service, or to dispense with service altogether.
We have done this for clients whose spouse was overseas and hard to contact, and for spouses who were dodging service. In one matter the other party pretended not to be home whenever the process server called. We applied for substituted service, and the documents were served through Facebook.
Separated Under One Roof?
You can still divorce if you and your spouse lived in the same home for some or all of the 12 months. Many couples stay under one roof for financial reasons or for the children. The court needs extra evidence that the marriage ended anyway, usually affidavits covering:
- When and how the separation was communicated
- Separate bedrooms and separate daily routines
- Finances split or managed separately
- Meals, chores and social life no longer shared
- How family and friends were told
- Why you continued to live in the same home
If you are applying alone, an affidavit from a family member or friend who can confirm the separation is usually needed too. These applications are where accuracy matters most, so we prepare the evidence before anything is filed.
If you can, apply jointly with your spouse. A joint application is cheaper and easier to get through: there is no need to serve the other party, and neither of you has to attend the hearing.
A sole application is the right choice when:
- Your spouse will not cooperate or sign
- You cannot contact your spouse
- Your spouse lives overseas and is slow to respond
- There is a history of family violence
With a sole application your spouse has to be served, and someone may need to attend the hearing if there are children under 18. We tell you early which route suits your situation.
Clients do not want to go to court, and in most divorces they do not have to. If the application is joint, or there are no children of the marriage under 18, nobody needs to attend. If you apply alone and there are children under 18, the court must be satisfied that proper arrangements are in place for them, and someone needs to appear.
We do our best to make sure clients rarely have to attend. When a hearing is required, we attend on your behalf.
As a guide, a divorce application with us costs $2,000 to $4,000 in total, including the court filing fee. Where you sit in that range depends on how complex the matter is, for example whether you were separated under one roof or need substituted service.
We start with a free discovery call, or you can book a full one-hour consultation for $440.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
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Frequently Asked Questions
How long do you have to be separated to get a divorce?
At least 12 months. You can get back together once for up to 3 months during that time without restarting the 12 months, but the time you were back together does not count towards it.
Can I get a divorce in Australia if I married overseas?
Yes. Overseas marriages are generally recognised in Australia. You can apply if you or your spouse is an Australian citizen, lives in Australia and regards it as home, or has lived here for at least 12 months. You will need your marriage certificate, with a certified English translation if needed.
Do I have to go to court for my divorce?
Usually not. Nobody needs to attend for a joint application, or a sole application where there are no children under 18. Where attendance is required, we can attend on your behalf.
What if I cannot find my spouse or they avoid service?
We can apply to the court for substituted service, such as service by email or social media, or to dispense with service. We have obtained orders for service through Facebook where a spouse was avoiding the process server.
Does a divorce settle property and parenting arrangements?
No. A divorce only ends the marriage. Property and parenting are dealt with separately, and you have 12 months from the date your divorce takes effect to apply for property orders.
Can we get divorced if we still live together?
Yes, if you have been separated under one roof. You will need affidavits showing the marriage ended even though you lived in the same home.
How much does a divorce cost?
As a guide, $2,000 to $4,000 in total, including the court filing fee, depending on complexity. We offer a free discovery call, and a full one-hour consultation costs $440.