
Divorce
Divorce Lawyers Melbourne
Divorce in Australia is a straightforward legal process. The court requires only that the marriage has broken down irretrievably, established by twelve months of separation. It asks only one question—have you been separated for at least 12 months? If the answer is yes, you are entitled to apply.
Is This the Right Service for You?
You may need divorce advice if:
You have been separated for 12 months or more and want to formally end the marriage
You are unsure whether your separation date is legally established, particularly if you separated under the same roof
You want to file a sole application and need the divorce papers served on your former spouse
You and your former spouse want to file a joint application and finalise the process together
You have children under 18 and need to ensure the court is satisfied that proper arrangements are in place
You want to understand the effect of divorce on your property settlement time limits
You were married overseas and are unsure whether you can apply for divorce in Australia
Our Divorce Services
Sole divorce applications: We prepare and file your divorce application, arrange service of documents on your former spouse, and represent you at any court hearing required.
Joint divorce applications: Where both parties agree to proceed together, we prepare the joint application and guide both parties through the process without the need for service or, in most cases, a court attendance.
Separation under one roof advice: Where you and your spouse have been living separately in the same home, we advise on the additional evidence required and prepare the supporting affidavit material.
Overseas marriage advice: We advise on the documentation and translation requirements for couples who married outside Australia and are applying for divorce here.
Post-divorce guidance: We advise on the time limits that apply once your divorce order becomes final, including the 12-month window to commence property proceedings or spousal maintenance applications.
Contested service applications: Where your former spouse cannot be located or is evading service, we apply to the court for substituted service or dispensation of service orders.
What to Expect When You Work With Us
Step 1: Tell us your situation.
You speak with one of our lawyers about your marriage, your separation date, and what you want to achieve. We confirm whether you meet the requirements to apply and explain the process from filing to final order.
Step 2: We prepare your application.
We prepare your Application for Divorce, gather the required documents including your marriage certificate, and file the application through the Commonwealth Courts Portal. For sole applications, we arrange service on your former spouse and prepare proof of service for the court.
Step 3: The court hearing.
Joint applications without children under 18 do not require court attendance in most cases. Sole applications or those involving children under 18 may require a brief court hearing. We attend on your behalf or with you, depending on your preference.
Step 4: Your divorce becomes final.
The court issues a divorce order, which becomes final one month and one day after it is made. We advise you on the steps to take once your divorce is finalised, including any property or maintenance applications that need to be commenced within 12 months.
Why Choose Family Lawyer AU for Divorce?
No Hidden Fees
You receive a written cost estimate before we begin any work. No hidden fees, no bill shock, and no ambiguity about what you are paying for.
Nationwide Services
We work with clients across every state and territory in Australia. Whether you are in Sydney, Brisbane, Perth, Adelaide, Melbourne, or anywhere in between, consultations are available by phone and video.
Personalised and Strategic Advice
Not every divorce is straightforward. Separation under one roof, overseas marriages, difficult service situations, and children's arrangements all require specific handling. We give you advice that addresses your actual circumstances.
Costs and Timeframes
The court filing fee for a sole divorce application is $1,125, effective from 1 July 2025. A reduced fee of $375 applies where you hold a government concession card or can demonstrate financial hardship. Legal fees for preparing and filing an uncontested divorce application are separate from the court fee, and we provide a written estimate before we begin.
Most divorce applications are finalised within three to four months from the date of filing, depending on court scheduling. The divorce order becomes final one month and one day after it is made by the court.
Once your divorce is final, you have 12 months to commence property settlement or spousal maintenance proceedings. This time limit is strict and should not be left to the last moment.
Call 1300 717 173 or book online to discuss your circumstances and get a clear picture of costs and timing.
Related Services
Property and Financial Settlements — Dividing assets and liabilities after separation. Must be commenced within 12 months of your divorce order becoming final.
Spousal Maintenance — Financial support obligations after separation. Subject to the same 12-month post-divorce time limit.
Children and Parenting — Parenting arrangements and consent orders for children after separation.
Asset Protection — Protecting your financial position before or during proceedings through binding financial agreements.
De Facto Separation — Property and financial rights for couples separating without having married.
Speak With a Divorce Lawyer Today
When you are ready to take the next step, we are ready to move with you. We make the process clear, handle the paperwork, and keep you informed at every stage.
We are based at Level 45, 600 Bourke Street, Melbourne. Consultations are available in person, by phone, and by video.
Call 1300 717 173 or book online. All enquiries are confidential.



Benjamin Magill
Solicitor


