Divorce Lawyers Melbourne

Before applying for divorce, it is important to understand how it fits with your property settlement and parenting arrangements. As Leanne often advises clients, divorce is not always the first step.

A divorce only changes your legal status from married to divorced. It does not divide your assets or finalise parenting arrangements. Under section 48 of the Family Law Act 1975 (Cth), the Court can grant a divorce if a marriage has broken down irretrievably, the parties have been separated for at least 12 months and there is no reasonable likelihood of reconciliation.

If you are considering divorce, it is important to get advice about your financial and parenting matters first. Our Melbourne divorce lawyers can help you understand the right steps for your circumstances.

No. Many people assume divorce must come first, but that is not always the best approach. In many cases, it can be helpful to resolve your property settlement before applying for divorce.

Property settlements involve the division of assets, liabilities and financial interests under section 79 of the Family Law Act 1975 (Cth) for married couples, and section 90SM for de facto couples. 

Once a divorce becomes final, section 44(3) of the Family Law Act 1975 (Cth) sets out a 12 month window to commence property settlement proceedings or seek spousal maintenance. If that timeframe passes, you may need the Court’s permission to proceed.

Every situation is different, so it is important to get advice about the right order for your circumstances. Our Melbourne divorce lawyers can help you understand your options, protect your position and plan your next steps. 

You can apply for a divorce after you have been separated for at least 12 months and the marriage has broken down irretrievably. This applies regardless of how long you have been married.

Separation does not always mean living in different homes. You can be separated while living under the same roof, but you may need additional evidence, such as witness affidavits, to show you were living separate lives. Simply sleeping in separate bedrooms is not enough on its own.

Under section 50 of the Family Law Act 1975 (Cth), a single period of reconciliation or resuming cohabitation for up to three months does not reset the 12-month separation period. If the separation continues after that time, the original separation date can still apply. Our Melbourne divorce lawyers can advise you on your eligibility, prepare your application and help you understand the steps involved.

Yes it does, as long as you were genuinely separated while living together. The Family Law Act (1975) recognises separation under one roof under section 49 . However, this arrangement can at times give rise to a dispute over the separation date, which may require further verification in some cases. You may need to provide written affidavits from friends or family members who have witnessed the relationship ending despite living together. 

Indicators of living separate lives in the same home include: 

• Having different rooms

• An absence of sexual intimacy
• Not sharing household duties or finances
• Having separate social and public lives

Another helpful way to show separation while living together is to have it in writing – emailing your spouse to confirm your intentions to separate while still living together. If you need advice about your situation, our family law team can answer any questions you may have so that you know where you stand.

Not always. While most people want to resolve separation matters quickly and cost-effectively, taking the time to properly identify, value and understand the issues can be critical to achieving a fair outcome. In some cases a quick resolution is not possible because due diligence needs to be exercised to ensure that all proper and necessary enquiries are made, appropriate documents are exchanged, property identified and valued so as to ensure that the appropriate or best possible outcome is achieved.

Our role is to explain your options, the risks and benefits of each approach, so you can make informed decisions about what is right for your circumstances. A rushed agreement may not always protect your future interests.

At Pearsons Lawyers, we focus on practical solutions while ensuring important details are not overlooked. Good advice at the right time can help you avoid unnecessary complications later.

Divorce is complex enough, but can be even harder when you share children. In line with section 55A of the Family Law Act 1975, if you have children under 18 at the time of filing for divorce, you’ll need to make sure that proper arrangements have been made for their care. This may be an informal agreement or a Parenting Plan rather than orders – the Courts just want to ensure that your children’s care has been considered before granting a divorce. If you and your former partner cannot agree on arrangements, or want to formalise your agreement into orders or adjust care time, a Parenting Matters and Child Custody Lawyer can assist you to understand your options.

Obtaining a divorce is usually straightforward and inexpensive. As of July 1, 2026, government filing fees for divorce in Australia are $1,170 or $390 if you are eligible for a reduced or concession rate. If a Divorce Lawyer is handling your matter, you’ll also need to pay legal fees, which start at around $1,000, depending on how complex your divorce is.

The cost of divorce itself does not include resolving parenting or property matters. These are separate legal processes and costs will depend on your circumstances, the level of agreement between parties and whether negotiations or additional advice are required. Each case differs and the costs incurred will differ depending upon individual complexities and difficulties. If agreement is reached quickly and the matter is straightforward and simple, parenting or property matters could be documented and formalised for under $7,000.

At Pearsons Lawyers, we discuss costs upfront during your first appointment and keep you informed throughout your matter, so you understand what to expect at every stage.

For a straightforward, uncontested divorce application itself, it’s up to you. A Divorce Lawyer can make the process much smoother and organise all the documentation, application and paperwork on your behalf, for a reasonable fee, but it’s your choice on whether you use one. Many people can complete and file their application themselves through the Commonwealth Courts portal.

However, legal advice can be valuable where there are complications, such as separation under one roof, disputes about the date of separation, difficulties serving documents or concerns about arrangements for children.

A specialist family lawyer can also help with the issues that often matter most beyond the divorce itself, including property settlement, parenting arrangements, disclosure and protecting your future position.

At Pearsons Lawyers, your free first appointment is a simple way to understand where you stand, whether you need legal support and what steps are right for your circumstances.

Usually, no. This is where the biggest misconception exists: you generally cannot stop a divorce simply because you do not agree with it, and the other person does not need your consent.

Under sections 48 and 55A of the Family Law Act 1975 (Cth), a divorce may only be delayed or refused in limited circumstances, such as where the parties have not been separated for at least 12 months, the Court does not have jurisdiction, service requirements have not been met or there are issues with the arrangements for children.

Property settlement and parenting matters do not prevent a divorce from being granted. If you are concerned about a divorce application, the important question is usually not whether you can stop it, but what steps you should take to protect your legal and financial interests.

Our Melbourne Divorce Lawyers can help you understand your options and where you stand.

This is a really important question that some people overlook, or don’t understand when they get a divorce in Victoria. If your ex-spouse is a beneficiary or has been granted powers under the Will, a divorce will generally revoke these privileges. Divorce does not revoke the entire Will, but does remove a spouse from a number of sections. If no alternative is provided, a substitute beneficiary or executor will generally be chosen. If you still wish for your former spouse to be in your Will after a divorce, it’s important to update your Will to reflect this. It’s also important to update things like superannuation and life insurance policies. You can read more about how divorce affects a Will in our recent article.

Yes you can, and this frequently happens after couples separate and start dating someone new before a divorce is finalised. It can also happen if either party has been in a de facto relationship while married. Section 4AA of the Family Law Act (1975) defines what constitutes a de facto relationship in Australia. 

Factors considered include shared living arrangements, the length of the relationship, whether there are any children of the relationship, if there is sexual intimacy and if there is financial dependence or interdependence. 

Both a marriage and de facto relationship can be legally recognised simultaneously in Australia. It’s important to keep in mind that de facto relationships have similar property entitlements as a marriage, and that it is not unheard of for individuals to face both a marital and  de facto property settlement at a similar point in time.

There are two different timelines to consider, which are the divorce itself, and resolving property or parenting matters. 

A divorce application can usually be finalised once the Court is satisfied that the requirements have been met, including at least 12 months’ separation. A Divorce Order generally takes effect one month and one day after it is made. The time from filing an application to receiving a hearing date depends on the current workload of the Federal Circuit and Family Court of Australia, including the Melbourne registry. 

Some parents are able to reach agreement about parenting matters and have Parenting Orders made within weeks. In financial matters, separating parties may be able to reach a fair settlement documented by Consent Orders or a Binding Financial Agreement (BFA) within a similar timeframe.

Usually, negotiations begin after legal advice is provided and may involve exchanging letters and documents, a Roundtable Conference or mediation. If agreement cannot be reached, Court proceedings may become necessary.

Most cases that are commenced in the Federal Circuit and Family Court of Australia are resolved at some stage during the litigation path, formal Orders are made, and the matter is resolved without a Judge making a decision.

A small number of cases are unable to be resolved and proceed to determination by a Judge which means that the Court hears the evidence of the parties, submissions by their Barristers and then a Court makes a decision in relation to parenting matters, property issues or both.

Pearsons Lawyers can provide specialist family law advice, explain your options and help you make informed decisions about the best path forward.