Divorce

Following at least 12 months of separation, you can file for divorce and legally dissolve your marriage.

We can help you complete the necessary documentation to make an application for divorce, and assist with having the documents filed at court and served on your former spouse. We can also assist with the application for reduced court costs for those eligible.

Our advice is honest and pragmatic, and we want you to be fully aware of the process of filing for divorce. Divorce may end the legal marriage, but does not impact the status of your children and assets. Timelines do apply to property matters once you are divorced, so it is important to get advice early.

As family lawyers, we often see cases that may require assistance with children and parenting arrangements and the division of property – we are able to assist with these family law matters while you are separated and before your divorce can be filed.

We can provide effective and supportive solicitor advocacy at court if you have children under the age of 18 years, or need legal support for any other reason.

Separation and divorce can be an emotionally stressful time – we can help make referrals to you to help support your physical and mental wellbeing. You may like to review our resources if you need assistance directly.

Things to know about divorce

Film and TV has given us many dramatic interpretations of the divorce process – but they are not always true.

We want to provide you with the tools and processes to help you with your divorce, and de-mystify some of the assumptions – you may like to read some of the common misunderstandings of division of property too.

What does the divorce process look like?

Filing for divorce is simply the legal dissolving of your marriage – and does have a process to follow – and we are able to help you at every stage.

1. Apply for divorce

2. Serve the docs to your former spouse/partner

3. Go to court

4. Receive your divorce order

We can assist you with the documentation and serving process, and also provide experienced solicitor advocacy in court if required.

Can I serve divorce documents on my former spouse/partner myself?

No, you can’t. You need to have these documents served by an alternate person, or we can assist you with the process.

Who is eligible for reduced court costs?

Health care and pension card holders may be eligible for reduced court filing fee costs. There are some limited circumstances in which you can seek a reduced filing fee costs.

What documentation do I need?

You will need your marriage certificate and citizenship documentation.

When should I speak to you?

If you have been separated from your former partner or spouse for around 12 months, come and speak to us – call us on 03 8001 7070 to book your free 30 minute initial consultation.

If you are recently separated, you may also want to find out more about children and parenting arrangementsand the division of property.