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Divorce Lawyers Melbourne

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

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Melanie

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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.

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.