Divorce Lawyers in Melbourne
At Aitken Partners, we understand that divorces and partner separations are common in modern life. We assist clients in achieving a respectful and mutually agreeable outcome to their proceedings. We are proud to be recognised as a leading authority on divorce law.
The process of obtaining a divorce can be a long and frustrating one. Our relatable staff will be with you through every step, helping you see the best legal option in front of you and sitting down for honest conversations when needed.
To be granted a divorce, the court must be satisfied that your marriage has broken down irretrievably, that there is no likelihood of reconciliation and that you have been separated for 12 months or more.
It is possible to be still living together under one roof and be separated. However, in these circumstances, you must file an Affidavit with the Application for Divorce to satisfy the court that you were separated during this time.
An Application for Divorce is filed in the Federal Circuit Court with a copy of a Marriage Certificate and a Court filing fee.
To make an Application for Divorce parties must satisfy the following jurisdictional requirements:
- You must regard Australia as your home and intend to live in Australia indefinitely; or
- You must be an Australian citizen by birth, descent or by grant of Australia citizenship; or
- You must ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
If the court grants the divorce, it will become final one month and one day after the Divorce Hearing. A Divorce Order will be sent to you by the court. Upon receipt of this document, parties can remarry.
You can obtain Court orders, or reach agreement, in relation to parenting matters and a property settlement, even though you are not yet divorced.
Our team of divorce lawyers can assist you during the divorce process by providing advice on your Application for Divorce; representing you at your Divorce Hearing (should this be required) and assisting you to finalise any other aspects of your separation, including negotiating parenting arrangements, property settlement and/or child support issues.
It is important to note that following a divorce, parties have 12 months to issue Court proceedings with respect to property matters (or 2 years in the case of de facto or same sex relationships). It is possible to issue proceedings in the court out of time in the event that certain conditions are met. Our team of divorce lawyers can advise you further with making an application out of time should this be necessary.
Divorce Process
The couple must be separated for at least 12 months before applying for divorce. Separation can occur even if living under the same roof.
If children are involved, parenting plans or consent orders must be agreed upon, outlining care arrangements and parental responsibilities.
Once all other matters are settled, the final step is to apply for divorce through the Family Court, finalising the legal end of the marriage.
Parties should resolve financial matters, including property division and spousal maintenance, either through negotiation or formal legal agreements.
Mediation may be necessary to resolve disputes. It helps reach an agreement without the need for court intervention.
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At Aitken Partners, our compassionate approach ensures that each client receives personalised attention and support. We prioritise understanding your unique situation to provide effective, fair and empathetic legal solutions.
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At Aitken Partners, we believe in transparent pricing. Our clients benefit from clear, upfront fee structures with no hidden costs. We ensure you understand all expenses involved, fostering trust and financial clarity throughout your legal journey.
How we work with you.
Initial Consultation
Schedule a confidential consultation to discuss your situation, understand your needs, and receive initial advice
Strategic Planning
We develop a tailored legal strategy outlining the steps, timeline, and necessary documentation to achieve your goals
Resolution and Support
We execute the plan, representing you in negotiations or proceedings, keeping you informed, and ensuring your rights are protected
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Frequently Asked Questions
You are not legally required to have a lawyer - you can apply directly through the Federal Circuit and Family Court of Australia as a self-represented litigant. However, legal representation is strongly recommended. A divorce application requires accurate completion of court forms, correct service of documents, and sometimes a hearing appearance. If your separation also involves children or property, those matters carry separate legal complexity and strict time limits. A lawyer ensures your application is filed correctly and that your broader rights are protected, including in relation to parenting, property, and spousal maintenance.
Consult a family lawyer as soon as separation is decided - or even when it is being seriously considered. Early advice matters because key time limits begin running from the date of separation: you have 12 months from the date the divorce order takes effect to commence property proceedings (two years for de facto relationships). Missing these deadlines can significantly affect your rights. A lawyer can also advise on parenting arrangements, asset protection, and whether mediation is appropriate before any court involvement.
In Australia, legal fees for obtaining a divorce are generally not tax deductible, as they are considered private expenses rather than costs related to producing assessable income. However, a portion of fees may be deductible in limited and specific circumstances - for example, costs specifically tied to obtaining or maintaining income-producing assets in a property settlement. Because deductibility depends on the exact purpose of each cost and your individual tax situation, you should seek advice from a registered tax agent alongside your family lawyer.
Under the Family Law Act 1975, you must be separated for a continuous 12 months with no reasonable likelihood of reconciliation. A single period of resumed cohabitation of up to three months does not reset the clock, provided the total separation period still reaches 12 months. Couples can be legally separated while living under the same roof, but in that case supporting affidavit evidence is usually required with the Application for Divorce to satisfy the court that a genuine separation existed.
No. Under the Australian Solicitors' Conduct Rules, a lawyer is prohibited from acting for both parties in a divorce or related family law matter. Each party's legal interests are different, and a lawyer cannot properly fulfil their duty to one client while also acting for the other. This applies even to uncontested divorces and agreed settlements, where terms can still inadvertently disadvantage one side. A lawyer cannot act for both parties, and each party should obtain independent legal advice. If cost is a concern, some lawyers offer fixed-fee arrangements for straightforward matters.
A first consultation is your opportunity to assess fit. Ask:
- How much experience do you have with cases similar to mine?
- What is your fee structure and estimated total cost?
- Who will be my day-to-day contact?
- How do you prefer to communicate and what is your response time?
- Do you favour negotiated settlement or litigation when necessary?
- What are the likely timelines?
- What are the key risks in my situation?
Clear answers to these questions will help you choose a lawyer who suits both your matter and your budget.
Bring what you have readily available:
- your marriage certificate
- birth certificates for any children
- recent tax returns and payslips
- bank and mortgage statements
- superannuation statements
- property title documents
- details of significant assets such as vehicles, investments, or businesses
- any existing court orders or financial agreements
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.