De Marco Lawyers has provided experienced legal divorce solicitors in Melbourne for over five decades. Whether you are facing the end of a marriage or a long-term de facto relationship, having skilled divorce solicitors on your side can make a meaningful difference to your outcome. Call De Marco Lawyers on (03) 9304 9500 to arrange a consultation today.
How Does Divorce Work in Melbourne?
Divorce in Australia is governed by the Family Law Act 1975. To apply, you and your spouse must have been separated for at least 12 months. The separation period can begin while you are still living under the same roof, provided you can demonstrate the relationship has genuinely ended. Australia operates a no-fault divorce system, meaning the court does not consider why a marriage broke down. The Federal Circuit and Family Court of Australia manages divorce applications, and the process can often be completed without attending court. Our divorce solicitors in Melbourne can guide you through eligibility, paperwork, and filing so nothing important is missed.
How Much Does a Divorce Application Cost in Melbourne?
The Federal Circuit and Family Court of Australia charges a filing fee for divorce applications, with a reduced fee available for eligible applicants facing financial hardship. Additional costs may arise from legal advice, document preparation, and representation, particularly where parenting or property matters are contested. Engaging legal divorce solicitors in Melbourne early can help you understand likely costs and avoid unnecessary delays in your application.
What Happens to Property and Children After Divorce?
Property settlement and parenting arrangements are separate legal matters from the divorce itself. A divorce order dissolves the marriage but does not automatically divide assets or establish arrangements for your children.
Property Settlement After Separation
Property settlement involves identifying, valuing, and fairly dividing the assets and liabilities of the relationship. This can include the family home, investment properties, superannuation, business interests, and debts. The Court considers each party's contributions and future needs. De Marco Lawyers advises on complex matters including superannuation splitting and the tax implications of asset transfers. For broader guidance, visit our family and relationship legal services page.
Settlement is time-sensitive. You generally have 12 months from the date your divorce order takes effect to apply for a property settlement. Obtaining advice from legal divorce solicitors in Melbourne promptly is important.
Parenting Arrangements for Your Children
The Family Law Act focuses on the best interests of the child, covering where children live, time spent with each parent, and how major decisions are made. De Marco Lawyers can help you negotiate parenting plans, formalise arrangements through consent orders, or represent you in contested proceedings. Our solicitors also assist with matters involving domestic violence and intervention orders where safety may be at risk.
Our Divorce and Separation Process
1. Initial consultation to understand your circumstances, goals, and the likely scope of your matter.
2. Assessment of eligibility for divorce, including separation period and residency requirements.
3. Preparation and filing of the divorce application and related documentation.
4. Negotiation with the other party or their legal representatives to reach fair, practical agreements.
5. Finalisation of orders or agreements, ensuring all documents are properly executed and filed.
Why Choose De Marco Lawyers for Divorce in Melbourne?
De Marco Lawyers has been serving Glenroy, Coburg, Preston, and Essendon since 1969. As legal divorce solicitors in Melbourne, our family law team brings genuine experience to every matter, from straightforward divorce applications to complex disputes involving significant assets or business interests. Our
experienced lawyers
include team members focused specifically on family and civil law, backed by Director Joseph De Marco, an accredited specialist in property and business law with more than 40 years at the bar.
Alternative Dispute Resolution and Client Reviews
Where disputes cannot be resolved through negotiation, our divorce solicitors in Melbourne are experienced in alternative dispute resolution, including mediation and conciliation, which can save significant time and cost. You can also review the firm on De Marco Lawyers to see what past clients have said.
Frequently Asked Questions About Legal Divorce Solicitors
How Long Does It Take to Get a Divorce in Melbourne?
Divorce typically takes four to five months from filing, including the mandatory one-month waiting period. Delays or contested matters can extend this timeline.
Do I Need a Lawyer to Apply for Divorce in Australia?
You are not legally required to have a lawyer, but legal advice is strongly recommended to avoid errors and protect your rights.
How Is Superannuation Treated in a Property Settlement?
Superannuation is treated as property under the Family Law Act and can be split between parties with trustee consent and court orders.
Can We Reach a Property Settlement Without Going to Court?
Yes, settlements are often resolved through negotiation and formalised as consent orders or a Binding Financial Agreement, avoiding a contested hearing.
What Is a Binding Financial Agreement, and Is It Enforceable?
A binding financial agreement sets out how assets and liabilities are divided on separation. To be enforceable, both parties must obtain independent legal advice first.
Speak With a Divorce Solicitor Today
Separation and divorce are rarely simple, but working with legal divorce solicitors in Melbourne can reduce uncertainty and help you move forward with confidence.
Contact our team on (03) 9304 9500 or visit our legal representation enquiries page to get started.