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Divorce Lawyers Melbourne

Divorce & Separation

The decisions you make in the first few weeks shape everything that follows. Get advice before you act.

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The first 7 days matter more than people realise.

Separation rarely starts with clarity. It starts with confusion, pressure, and decisions you’re not ready to make.

Here’s what that actually looks like, and what we do about it:
You don’t know whether to leave the house, or whether leaving costs you something
Many people freeze because they’re afraid that moving out, or staying, will be held against them later. We give you clear advice on your specific situation before you act, not after.
Your ex is already talking to a lawyer, and you’re not
Whoever moves first often shapes the narrative. Getting advice early isn’t about rushing the process, it’s about not letting someone else control it.
You’re not sure if you even need to “do” anything yet
Divorce itself is often the easiest part. The real decisions, around children, property, and finances, usually need to be sorted well before you formally apply.
You’re worried this will be financially or emotionally devastating
It can be, if it’s handled badly. It doesn’t have to be. The right strategy from the outset changes the entire trajectory of how this plays out.

You don’t have to navigate this alone.

What divorce actually involves in Australia.

Divorce itself is a formal legal process that ends a marriage, separate from parenting and property matters.

You can apply after 12 months of separation
Australia has a no-fault divorce system. You don’t need to prove wrongdoing, only that you’ve been separated for at least 12 months and the marriage has broken down irretrievably.
Divorce doesn’t automatically resolve property or parenting
This is the most common misunderstanding we see. Getting divorced doesn’t divide your assets or set parenting arrangements. Those are separate processes, and timing matters.
There are strict time limits after divorce is finalised
Once your divorce is finalised, you generally have 12 months to apply for property settlement. Missing this window can mean needing the Court’s permission just to be heard.

Five things you can do in the early stages of separation

1

Don’t make major decisions under pressure

Whether it’s signing something, moving out, or agreeing to an arrangement, slow down enough to get advice first.
2

Start documenting your financial position now

Bank balances, property values, super statements. Get a clear picture before anything shifts.
3

Communicate in writing where possible

Especially where children are involved, written communication protects you later far better than verbal agreements.
4

Don’t assume you have to wait to get advice

You don’t need to be divorced, or even have decided to separate, to understand your options. Early advice is often free, and always worth it.
5

Get strong legal representation early

The earlier we’re involved, the more options you have, and the fewer surprises later.

Worried about what this will cost you? We’ve thought about that too.

Free first
appointment

Meet Melanie and get honest strategic advice before you spend anything

Fixed fees where
we can

Where appropriate, we offer fixed fee arrangements, so you have greater certainty around costs from the outset.

Funding options available
through JustFund

Eligible clients may be able to fund their legal fees and repay them at the end of their matter, even if you have no funds available right now.

Transparent
billing

Clear communication. No hidden costs. No surprise invoices.
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Leni P
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When I suddenly found myself needing a family lawyer for the first time in my life, I honestly had no idea where to turn. I knew I couldn’t afford to get it wrong, I needed to find the right lawyer the first time because I had no time to waste. A colleague recommended Melanie at Melmark Law, and I trusted that recommendation immediately. They had already been through several family lawyers before ultimately finding Melanie and achieving the best results with her. That spoke volumes to me, so I called Melanie without hesitation, and I’m so glad I did. I genuinely cannot thank Melanie and Xara enough for everything they did for me during one of the hardest and most stressful times of my life. They were incredibly empathetic and supportive, but also extremely knowledgeable, professional and determined. They gave me the reassurance of knowing I was in very capable hands, and I never felt like just another client. They are damn good at what they do, and I’m so grateful I had them in my corner. Finding the right lawyer is so important, and I honestly feel incredibly lucky that I found Melanie and Xara. I would recommend Melmark Law without hesitation to anyone looking for a family lawyer. Thank you both for everything
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Brighley Dangerfield
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My absolute lifeline! After a borderline terrible experience with a previous family lawyer that milked 5 months of my time, I was recommended Melanie and her team who saved the day (special thanks to Xara too). Communication, execution, and timeliness were all exceptional. The whole Melmark team were on the ball to represent me and get the best outcome for my matter. Also, when I was emotionally exhausted and just wanted this over with (me ideating with compromising my worth), I had Melanie there to talk sense into me and be the voice of reason. If you ever find yourself in need of a Family Lawyer/Law firm, this is where your money is well spent - look no further.
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Akshit Bansal
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Exceptional service from Melmark Law. Melanie and Landi were incredibly thorough, responsive, and committed to achieving the best outcome. Their guidance and professionalism stood out from start to finish. I highly recommend Melmark Law and sincerely thank Melanie and Landi for their hard work.
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Cristyna Saab
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Melmark Law is not just another family law firm. I’m sitting back now reflecting on the one phone call back in March 2025 with Melanie that positively shaped my experience through one of the most difficult periods of my life. Not because of the things I attained, but because a process that could have felt so much more stressful was handled ethically, with professionalism, care, and genuine support by Melanie and her exceptional team. Their approach meant I could continue focusing on the things that mattered most to me throughout the process, particularly, remaining child-focused during an otherwise emotionally challenging time. All I could see was a strong group of women working incredibly hard while juggling the many hats that come with life. There was something about their approach that genuinely rubbed off on me in a positive way. They don’t just help you navigate the legal side of things... they make sure you feel informed, heard, and supported throughout the process. Their communication, responsiveness, proactive approach, and calm presence made an incredibly stressful situation feel far more manageable. I must say, there was never a moment in this journey where I felt like I was on the back foot. So, if you are looking for more than just another family law firm, I would highly recommend Melanie and her team at Melmark Law. They embody compassion, strength, transparency, ethical practice and professionalism, and I’m forever incredibly grateful for the support they provided to me on my journey.
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Sarah Burslem
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I cannot thank Melmark law enough for the compassion, professionalism, and support shown throughout such a difficult time. From the very beginning, I felt heard, understood, and genuinely cared for. Every step was handled with patience, empathy, and clear communication, which made an incredibly stressful process feel far less overwhelming. Their knowledge and dedication gave me confidence and reassurance when I needed it most. I truly appreciated the kindness, understanding, and strength from such an amazing team!!! I highly recommend them to anyone needing a family lawyer who is not only highly professional, but also deeply compassionate and supportive.
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Roshini Fernando
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Melanie and her team were absolutely exceptional. From the very beginning, Melanie demonstrated genuine care, professionalism, and an incredible depth of knowledge. She guided me through a very challenging and emotional process with clarity, strength, and compassion. I always felt heard, supported, and confident that my case was in the best hands. I am deeply grateful for Melanie and her team’s dedication and commitment, and I would highly recommend them to anyone needing strong, trustworthy legal representation.
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Damo Nickels
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Melanie and her team were so good to work with. They guided me through the whole process and professional start till finish. You won’t be disappointed!!!!!!
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Melinda Vassett
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I cannot recommend Melmark Law highly enough! Melanie was absolutely incredible in helping me complete my parenting plan. She was professional, compassionate, and explained everything in a way I could easily understand. She always made me feel supported and kept me informed every step of the way. Thanks to her expertise and guidance, a process I thought would be stressful and overwhelming turned out to be smooth and manageable. I’m so grateful for her help and wouldn’t hesitate to recommend her to anyone needing legal assistance.
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Bianca Ferraro
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I had the pleasure of working with Melmark Law, I cannot recommend them enough. From the very first consultation, I felt confident that I was in great hands. Melanie was not only highly knowledgeable but also incredibly responsive and attentive to my case. Melaine took the time to explain every detail and ensure I was comfortable throughout the entire process. Their professionalism and expertise truly stood out, and they achieved an excellent result for me. If you’re in need of legal assistance, I would highly recommend Melmark Law without hesitation.
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Dilmini GCC
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I reached out to Melanie at a time when I felt lost and overwhelmed. From our first conversation, she gave me the courage to face the challenges ahead. The legal process stretched over 14 long months, filled with unexpected twists and, at times, frustrating delays. Throughout it all, Melanie remained calm, professional, and committed, even when faced with pressure and threats from the other party. She always stood her ground and handled everything with integrity and care. Melanie and her team were incredibly supportive, punctual, and professional every step of the way. They went above and beyond to make sure I felt safe and informed. Although the journey was emotionally and financially draining, I genuinely don’t know how I would have made it through without their support. Thank you so much to Melanie and the entire team at Melmark Law for your hard work and dedication. I highly recommend them to anyone in need of legal support; they are truly exceptional.

Frequently asked questions

How long do we need to be separated before we can apply for divorce?
At least 12 months and one day of separation, with no reasonable likelihood of reconciliation. You can be separated and still live under the same roof, but you’ll need to provide evidence of this.
Do I need a reason to get divorced?
No. Australia has a no-fault system. The only ground is that you’ve been separated for the required period and the marriage has broken down irretrievably.
Does getting divorced affect my property settlement or parenting arrangements?
Not directly, but it starts a 12 month countdown to apply for property settlement. Parenting and property matters are usually addressed separately, and often well before the divorce itself is finalised.
Can I get divorced if my spouse doesn’t agree or won’t engage?
Yes. You can apply for a sole divorce application, and in most cases the divorce will be granted even without the other party’s cooperation, provided proper service requirements are met.
What’s the difference between separation and divorce?
Separation is the point at which you and your partner stop living together as a couple. Divorce is the formal legal process that ends the marriage, and can only be applied for after 12 months of separation.
Do de facto couples need to “get divorced”?
No. There’s no divorce process for de facto relationships, but the same property settlement time limits apply, generally within 2 years of separation.
What happens to joint debts during separation?
Joint debts remain the responsibility of both parties until formally addressed as part of a property settlement, regardless of who incurred them or who’s living in the property.
Can I stay in the family home during separation?
Generally, yes, unless there are safety concerns or a court order says otherwise. Moving out doesn’t forfeit your rights to the property, though it’s worth getting advice on your specific situation.

The first step is understanding where you actually stand.

Get clear advice before you make decisions you can’t undo.