Home / Family Law / Divorce & Separation
Going through a separation or considering divorce? Get clear legal advice about your rights, your children, your finances and what happens next.
Separation can raise difficult questions about where you live, your children, your home, finances and your future. Our Melbourne family lawyers can help you understand your legal position and work towards practical arrangements after a relationship ends.
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Separation is more than simply deciding that your relationship is over. You may need to make arrangements for your children, property, finances, living arrangements and ongoing communication with your former partner.
If you are considering separation, have recently separated or have already been living apart for some time, getting legal advice early can help you understand your options before important decisions are made.
Divorce is a separate legal process from resolving parenting, property and financial matters. A divorce order formally ends the marriage, but it does not automatically divide your property or determine arrangements for your children.
Don’t assume divorce settles everything.
You can be divorced without having resolved your property settlement or parenting arrangements. These issues may need to be dealt with separately through negotiation, agreements, consent orders or court proceedings.
You are considering ending your relationship and want to understand your rights, responsibilities and options before making important decisions.
You and your former partner have separated and need advice about children, property, finances, living arrangements or the next steps.
You have been separated for the required period and want help preparing and filing your divorce application correctly.
You and your former partner cannot agree about parenting, property, finances or other important issues following separation.
Advice and assistance with preparing and filing a divorce application, including sole and joint applications.
Understand your legal position and the issues you may need to address after separating from your spouse or partner.
Advice about where children live, time with each parent, communication and other parenting arrangements following separation.
Advice about dividing property, assets, debts and financial interests after separation.
If you and your former partner have reached an agreement, we can help you understand the options for documenting and formalising your arrangements.
If you cannot reach agreement, we can advise you about negotiation, dispute resolution and the appropriate court process.
We start by understanding your relationship, separation circumstances, children, financial position and what you want to achieve.
We explain the legal issues that may need attention, including divorce, parenting, property, finances and any urgent concerns.
We give you practical advice about negotiation, agreements, consent orders or court proceedings so you can make informed decisions about what happens next.
Separation can involve much more than obtaining a divorce.
You may need to resolve where your children will live, how they spend time with each parent, what happens to the family home, how debts are managed and how your financial relationship with your former partner will be finalised.
Where it is safe and appropriate, separating couples are encouraged to resolve issues without going to court. Parenting arrangements can be informal or documented in a parenting plan, while legally enforceable arrangements can be made through consent orders.
A divorce formally ends your marriage. It does not itself determine how your property is divided or make parenting arrangements for your children. Those matters need to be dealt with separately.
There are important time limits that can apply to property and financial proceedings after divorce. Generally, an application for property adjustment after divorce should be made within 12 months of the divorce taking effect, unless the Court gives permission to proceed out of time.
Parenting & children
Advice about parenting arrangements, children’s living arrangements and disputes following separation.
Property settlement
Resolving financial matters, including the family home, assets, debts and superannuation.
Consent orders
Formalising agreed parenting or financial arrangements through legally enforceable court orders.
All family law matters
Advice and representation across a range of family law disputes and relationship breakdown matters.
In Australia, you generally need to have been separated for at least 12 months and 1 day before applying for a divorce. The Court must also be satisfied that there is no reasonable likelihood that you will resume married life.
Yes. You can be separated while continuing to live under the same roof. However, if you have lived together during some or all of the required 12-month separation period, additional evidence may be required when applying for divorce.
No. Divorce and property settlement are separate legal processes. A divorce order does not determine how your property, finances or debts are divided.
No. You can make a sole application for divorce without your former partner signing the application. Your former spouse must generally be served with the divorce documents. Alternatively, you can make a joint application together.
Our Melbourne family lawyers assist clients across Melbourne and Melbourne’s north-west with divorce, separation, parenting, property and other family law matters.
Floor 1, 330 Keilor Rd,
Niddrie VIC 3042
Hundreds of five-star Google reviews.
Already have a court date?
Tell us the date when you contact us so we can understand your timeframe.
Tell us what has happened, whether you have already separated, whether you have children or property to consider, and what you need help with.
We can explain your legal position and the practical steps available to you.
