Divorce Lawyers Melbourne
Accredited family law specialists who manage your divorce application, protect your property and parenting position, and keep you informed at every step.
2025
APAC Business Awards
(Family Law Firm of the Year – Australia)
Our Awards
ASSISTED OVER 5,000 FAMILIES
Family law only, since 1985 · Law Institute of Victoria accredited specialists · 271 William Street, beside the Melbourne family law courts · 2025 APAC Business Awards, Family Law Firm of the Year (Australia) · Helped over 5,000 families
Separation is stressful enough without court forms and deadlines. Our Melbourne divorce lawyers prepare and manage your application so it is right the first time. If you are still deciding, start with how to know when your marriage is over.
A divorce only ends the marriage. Property, superannuation and children’s arrangements are decided separately, so our divorce team works with our property settlement lawyers to protect your position from day one.
You generally have 12 months from the date your divorce takes effect to start a property claim. Check property settlement time limits before you file.
Move forward with clarity and confidence.
How can our Melbourne divorce lawyers help?
- Check your eligibility before you pay the filing fee
- Prepare and lodge your joint or sole application
- Arrange service on your spouse, including overseas
- Prepare the children’s arrangements section
- Attend or prepare you for the hearing, usually held online
- Advise on property, superannuation and spousal maintenance so timing works in your favour
Am I eligible to apply for divorce?
You must be separated for at least 12 months, and you can be separated under the same roof. If you were married under two years, you need a counselling certificate or the Court’s permission. Either you or your spouse must be an Australian citizen, regard Australia as home, or have lived here for 12 months. You do not need to have married in Australia.
How does the divorce process work?
- Get a copy of your marriage certificate The marriage certificate establishes that a marriage has taken place. If you don't have a copy of the marriage certificates, your lawyer can help you with this step. If the certificate is not in English, it will need to be translated.
- Complete an online divorce application using the ComCourts portal Submitting your divorce application can now be done online. The online form makes it easier for you to do this yourself.
- Pay the filing fee When submitting your divorce application online, you will also have to pay the filing fee, which is usually $1,125 AUD (or $375 AUD if you’re eligible for the reduced fee).
- Notify your ex-spouse If your partner agrees to the divorce, you can file a joint application. If your partner does not agree, or seeks to contest the divorce, you must serve the divorce application on your ex-spouse 28 days before the divorce hearing (or 42 days if they live abroad).
- Determine if a court appearance is necessary While these are the standard steps in the divorce process, if you choose to engage a lawyer they will manage or assist with each stage. A Melbourne Family Lawyers divorce lawyer can help you make the process simpler and less stressful.
Watch and Learn
View our video and learn more about us
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Solicitor
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
Trusted Divorce Lawyers Melbourne – Guiding You with Clarity and Care
Going through a divorce can feel like carrying a heavy weight. Our team at Melbourne Family Lawyers, understands the stress and emotional strain this process brings into your emotional well-being. With our help, you get a team that keeps things calm, clear, and practical. We explain what is happening, what matters, and what you can do next, so you feel in control while everything is changing around you.
Dealing with divorce adds a heavy toll on your overall wellbeing, and Melbourne Family Lawyers understands just how difficult this can be. That’s why our goal is to keep things calm and practical by explaining what the situation, planning the next steps and giving you a sense of security and control in the middle of this chaos.
Our divorce lawyers help you understand your rights and responsibilities from the start, then guide you through each step until your divorce is finalised. Our goal is not just to finish the process, but to help you walk away with a more secure base for what comes next.
Why Work with Divorce Lawyers Melbourne?
The right legal advice can reduce confusion, cut down delays, and help you avoid disputes that drag things out longer than they need to.
Each divorce is different. And for this reason, our Melbourne divorce lawyers make sure to provide advice specific to your situation and align with what you are trying to achieve. We’ll walk with you side by side as you go through:
- Applying for divorce, including overseas marriages recognised in Australia
- Parenting arrangements and time with the children
- Property and financial settlements
- Spousal maintenance and ongoing support
- Consent orders and court representation when it is needed
Tips on How to Pick a Trusted Divorce Lawyer
1. Do they listen to you and understand your goals?
Your lawyer should understand what you want out of the proceeding and should provide advice accordingly.
2. Do they have the right expertise?
Your lawyer should have experience in your type of matter or transferable knowledge necessary to secure your best outcome.
3. Does their approach align with yours?
Your lawyer should make the divorce process easier, not harder. You should feel comfortable that they are pursuing your claim in a way that you want.
4. Do they advocate for your children’s needs?
If you have children, your lawyer should advise on custody matters and potential child support arrangements.
5. Do they have a strategic approach?
A good family lawyer will be a strong advocate for your interests when it matters.
6. Take your time to choose carefully
The right lawyer saves time, stress, and heartache.
Divorce in Australia: A No-Fault System
In Australia, divorce is granted on a no-fault basis. You don’t need to prove who caused the marriage to end — the key is showing that the relationship has genuinely broken down and reconciliation isn’t possible.
Our experienced divorce lawyers will assess your situation, explain your options clearly, and guide you on the best next steps to protect your rights and your future.
Related Articles & Cases
Best Superannuation Division Options for Divorce in Melbourne: A Family Lawyer’s Guide
I’ve guided hundreds of clients through the complexities of superannuation in divorce. It’s consistently one of the most misunderstood aspects of property settlement—and often represents 25-40% of a couple’s total
Inheritance in Divorce: How the Courts Really Treat It (and How I See It in Practice)
Going through a separation is tough enough without worrying about whether your late parent’s legacy might end up divided with your ex-partner. I’m Hayder Shkara, director of Melbourne Family Lawyers,
Does Child Support Cover School Uniforms: 7-Point Comprehensive Guide
Does child support cover school uniforms? In Australia, child support generally does cover school uniforms. Uniforms are usually treated as part of a child’s ordinary education costs, grouped together with
Frequently Asked Questions
What is the difference between separation and divorce?
Separation is the end of a marriage or relationship, while divorce legally ends a marriage. You can be separated without being divorced, and you may need to resolve parenting, property and financial matters separately from the divorce itself.
How long do I need to be separated before applying for divorce in Australia?
Generally, you must have been separated for at least 12 months before applying for a divorce. The circumstances of your separation can affect how the requirement applies, particularly if you continued living under the same roof.
Can I get divorced if my former partner does not agree?
Yes. Australia has a no-fault divorce system, so you generally do not need your former partner’s agreement to apply for a divorce. However, there are procedural requirements that must be met before the Court can make a divorce order.
How Much Will Divorce Lawyers Cost?
Fees for a divorce lawyer are approximately $350–$500 per hour. A straightforward, uncontested divorce application typically costs around $5,000 in professional fees, on top of the court’s $1,170 filing fee (or $390 if you’re eligible for the reduced fee). Contested matters, or divorces bundled with property or parenting disputes, can range from $20,000–$30,000 or more depending on complexity. We’ll give you a clear cost estimate at your first consultation.
Do I need to attend court for a divorce?
Not every divorce application requires attendance. Whether you need to attend can depend on factors such as whether the application is joint or sole and whether there are children under 18. Your lawyer can explain what applies to your circumstances.