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Divorce Lawyers Melbourne
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Applying for divorce is an administrative legal process, but the details are not always straightforward. Questions about the separation date, living under one roof, serving documents, children, overseas circumstances or a missing marriage certificate can change what evidence and steps are required.
Aston Legal Group’s divorce lawyers help clients in Melbourne and across Victoria understand the application process and address evidence or service issues relevant to their circumstances.
What Divorce Does and Does Not Do
In short, divorce legally ends a marriage; it does not decide parenting or financial issues. The Federal Circuit and Family Court of Australia’s divorce guidance confirms that Australia has no-fault divorce, which means the Court does not decide who was responsible for the relationship ending. The legal ground is that the marriage has broken down irretrievably, demonstrated by the required period of separation.
A divorce order does not decide:
- how property, debts or superannuation will be divided;
- financial support between former spouses; or
- parenting arrangements for children.
Those issues may need to be resolved separately. If you are not yet ready to apply for divorce but need help with the relationship ending, start with separation advice.
Are You Eligible to Apply for Divorce?
In general, you must show that:
- you and your spouse have been separated for at least 12 months and one day;
- there is no reasonable likelihood that married life will resume;
- you or your spouse meet the connection requirements for an Australian divorce; and
- you can provide a marriage certificate or the evidence required if it is unavailable or not in English.
Eligibility and evidence can be more involved when there were periods of resumed cohabitation, separation under one roof, an overseas marriage or uncertainty about dates.
How Divorce Applications Work
A divorce application is filed through the Commonwealth Courts Portal. It may be made jointly by both spouses or solely by one spouse.
– Joint Applications: Both spouses apply together. Service on the other spouse is not required because both are applicants. A joint application does not mean parenting, property or financial matters have been agreed.
– Sole Applications: One spouse applies and must arrange for the filed documents to be served on the other spouse in accordance with the rules. The applicant cannot personally serve the documents. Different steps may be needed if the other spouse is overseas, cannot be located or avoids service.
Whether attendance at a hearing is needed depends on the application and the Court’s requirements. Check the current Court guidance and obtain advice about your own circumstances rather than assuming the application will be decided in your absence.
Circumstances Needing Extra Attention
– Separated under one roof: You can be separated while continuing to live in the same home. If that occurred during part or all of the 12 months before filing, additional affidavit evidence may be required to show that the marital relationship had ended.
– Married or living overseas: An overseas marriage can be recognised for an Australian divorce if the relevant legal and evidence requirements are met. A person living overseas may also be able to apply in Australia where either spouse meets the Australian connection criteria. Marriage certificates not written in English require an appropriate translation and affidavit material.
– Unable to locate a spouse: A sole application normally has to be served. If reasonable attempts to locate the other spouse have failed, an application for substituted service or dispensation of service may be needed.
Are You Eligible to Apply for Divorce?
A divorce generally becomes final one month and one day after it is granted, unless the Court makes a different order. Do not make plans to remarry based only on the hearing date; wait until the divorce order is final.
Divorce can also start a time limit for married former spouses who still need to apply for financial or property orders. In general, the application must be made within 12 months after the divorce becomes final, although the Court’s permission may be sought in limited circumstances after that period. Seek advice promptly rather than relying on an extension being available.
For related guidance, see property settlement advice and parenting matters and children.
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Why Clients Work With Our Divorce Lawyers
Divorce is often one of the first legal steps people take after separation, and clarity at this stage matters.
Our divorce lawyers focus on explaining the process in plain language, setting realistic expectations, and ensuring applications are prepared correctly from the outset.
Clients value our measured approach, clear communication, and ability to guide matters forward without unnecessary complication. We take the time to understand your circumstances and provide advice that is practical, respectful, and aligned with your broader family law position.
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important things you should know
Important Things You Should Know about Divorce
A joint application is not essential. One spouse can make a sole application if the legal requirements are met, but the documents must be served correctly and the other spouse may respond.
If you have been married for less than two years, you will usually need to attend marriage counselling before applying for a divorce. The counsellor provides a certificate allowing the application to proceed. Exceptions may apply in circumstances such as family violence or where one party cannot be located.
Not everyone needs to attend Court. Attendance depends on factors such as:
- Whether the application is joint or sole
- Whether there are children under 18
- Whether there are complications with service or documentation
If your situation is complex, legal advice is recommended to ensure the application progresses smoothly.
You must be separated for at least 12 months before applying. If you reconcile for less than three months and then separate again, those periods can be added together. If reconciliation lasts longer than three months, the separation period resets.
Timing depends on filing, service, available hearing dates, the completeness of the evidence and whether the Court requires more information. No specific timeframe can be promised.
Yes. Divorce, property and parenting are separate processes. Their timing and legal consequences can interact, so it is sensible to obtain advice about the complete situation.
“Liberty is the right to do what the law permits.”
Initial Discussion
Discuss your situation with our team and understand how the divorce process applies to you.
Obligation-Free Consultation
We gather relevant details and explain the legal requirements, timeframes, and next steps.
Let Us Get to Work
Once ready, we prepare and lodge your application and guide it through to completion.
We’re With You. All The Way Through.
If you are looking for a divorce attorney in Melbourne who provides clear advice and steady support, our team is here to help.