Divorce Lawyers Melbourne

For most people, the emotional stress that comes with a breakup is enough to manage, without all of the legal processes that come with it, that are often a lot more complicated than just a ‘50/50’ split. Divorce brings with it major decisions that can profoundly impact your life, and having a great divorce lawyer during this time can reduce the stress of making decisions, and ensure that your interests are protected. An experienced divorce lawyer will help you make informed decisions that are aligned with the Family Law Act 1975. 

They will make sure you know what options are available so you can choose the best way forward. They’ll make sure you understand what you’re entitled to, and don’t end up looking back years later wishing you had better advice. Working with a lawyer who is on your side will give you the best possible chance to achieve positive results with your divorce proceedings, and often prevents disputes further down the line.

It’s important to choose someone who you trust, because you’ll be working together on some fairly personal matters, which can have a significant impact on your future. Choosing an experienced divorce lawyer is always the best place to start, as is looking at how they approach matters. Online and word-of-mouth reviews can be very helpful, as can looking at the services offered. Comparing lawyers in Melbourne, or anywhere else, can take time, so do some research, and ask for recommendations. Many divorce lawyers offer an initial free consultation, which is a great way to get a feel for who you’ll be working with and obtain advice about the next steps. 

Some divorce lawyers specialise in certain areas. They may be excellent with mediation or fantastic in the courtroom – or both, which our Principal Marc Testart is. If you have a highly complex parenting or property matter, working with a highly experienced divorce lawyer, with extensive experience, or further accreditations is often helpful.  Ask questions, and, most of all, choose to work with divorce lawyers who will make your experience as stress-free as possible – something that our Melbourne team excels at.

To be eligible for a divorce in Australia, you, your ex-partner and your relationship must meet specific criteria. Either you or your ex-partner must be an Australian citizen or present in Australia and intend to continue living here. Your marriage must have broken down irretrievably, and there must be no reasonable likelihood that you will get back together. You must have been separated for at least 12 months before making an application, even if separation has occurred under one roof, which is outlined in section 49(2) of the Family Law Act 1975. You must have a valid marriage certificate, which will need to be translated if it is not in English. The concept of an automatic divorce after separation does not exist in Australia. If you’re unsure whether you’re eligible, get in touch with Melbourne divorce solicitors for advice specific to your situation.

If you meet the eligibility requirements, you can apply for a divorce in Australia online with a joint or sole application for divorce, pay the fees, submit the required paperwork and lodge it through the Commonwealth Courts Portal. Fees in July 2026 are $1,170, or $390 if you are experiencing financial hardship or have a concession card. You will need to serve paperwork on the other party if you make a sole application, which a lawyer can assist you with if required.

You may need to attend court to finalise the divorce if the matter is complicated, contested, if you’ve filed a sole application or you have children under the age of 18, or if either party requests to attend a hearing. In many cases you will not need to attend court. If you have children under the age of 18, you may need to provide details of their care following the divorce, including housing, schooling and contact with each parent. 

Your ex-partner cannot oppose a divorce order. However, they may be able to dispute specific details, such as the date of separation.

To help you through this process, we’ve created a thorough checklist for divorcing in Australia.

Costs involved with hiring a divorce lawyer in Melbourne will depend on how complex your matter is, and the level of agreement and co-operation between both parties. A straightforward divorce, parenting plan and agreed on asset split will be in a much lower fee range than a contested property settlement with complex structures, business splits, overseas property or hidden assets, or a parenting matter with allegations of abuse or ongoing conflict. 

The level of experience of your chosen lawyer, and how your matter is resolved also can greatly influence costs, with mediation and FDR being much more cost-effective than protracted litigation. If you are wanting to get a clear idea of how fees will be approached for your situation, we offer a free introductory session to discuss your options and related costs.

No and this is one of the most common misconceptions I see. A divorce itself is an administrative process through the Federal Circuit and Family Court, and in the vast majority of cases neither party needs to attend a hearing. Where people do end up in court is over property or parenting arrangements, and that's a separate process, not the divorce itself. My job is usually to make sure clients understand that distinction early, because it changes how they should be approaching the whole separation.

Getting a divorce simply ends your legal status of being married. Property settlement looks at all of the financial matters, assessment and division of the property pool and financial support such as spousal maintenance, and can take months, or even years to finalise.  Married couples have 12 months from the date of the divorce taking effect to begin a property or maintenance claim under section 44(3) of the Family Law Act 1975. For this reason, many couples choose not to apply for a divorce until their property settlement is underway, or finalised. 

Superannuation is recognised as property under Part VIIIB of the Family Law Act 1975. It can be divided either by agreement between the parties or by a court order, through a superannuation splitting order. In some cases, a flagging agreement may be required while property matters are resolved, to ensure that superannuation isn’t withdrawn before property settlement is finalised.

Yes, and this is a more and more common scenario for Melbourne families, with the increased costs of maintaining two households, or when it better suits co-parenting. Separation under one roof is recognised under section 49(2) of the Family Law Act 1975 as a valid method of separation, but you will need to demonstrate a period of 12 months of separation despite living together. You will need to show that you have been living your own lives, and will likely be required to provide some additional evidence to the court when you apply for divorce, such as an affidavit from you, your partner and a friend or family member who is aware of the circumstances.  

Once you have applied for a divorce (and served paperwork on the other party if necessary), you’ll need to wait for the hearing date to be confirmed by the court (whether you need to attend or not). This can take up to four months, depending on how busy the Melbourne Federal Circuit and Family Court of Australia registry is when you apply. If your divorce is granted, the order becomes effective (i.e. dissolves the marriage legally), one month and one day after the hearing, in line with section 55 of the Family Law Act 1975. If you wish to remarry, you must leave sufficient time for the divorce to finalise. Parenting and property matters can take between 6 weeks and a few years to fully resolve, depending on the nature of your legal matters.

Testart Family Lawyers are located at L3/489 Toorak Rd, Toorak, making us easily accessible to divorcing couples in the inner south east suburbs in the City of Stonnington. We are a short car ride, tram or train trip from Kew, South Yarra, Hawthorn, Richmond, Malvern, Camberwell and Melbourne’s CBD, as well as Melbourne’s inner bayside suburbs.