Divorce Lawyers Melbourne

Getting A Divorce

When can I get a divorce?

In Victoria you are not able to obtain a Divorce until you have been separated for a period of period of one (1) year and one (1) day. Generally, this period of separation starts from the date of separation under the same roof. If you have been separated under the same roof, you are entitled to claim a reduced time of "separation" in seeking your Divorce. To claim separation under the same roof, you will be required to file Affidavits at the Family Court, which will ultimately cost you more money. We would only advise an application for Divorce where you have been separated under the same roof in the event that you wish to get married to another person soon. divorce lawyer melbourne

Why is a Divorce granted?

The provisions of the Family Law Act 1975, provide for no fault Divorce in Australia. This means that a person does not need to prove to the Court that the other person was at fault when they make an application for Divorce. Prior to the commencement of the Family Law Act in 1975, people had to prove that they had a valid reason for applying for a Divorce. The reasons for the end of the relationship do not cause a change in the financial distribution of assets through a property settlement.

Property Settlement after a Divorce

Once your Divorce is granted, you have one year to file property proceedings in the Family Court or Federal Circuit Court. In the event that you wish to apply for a property settlement after a year after your Divorce becomes finalized you will need to seek leave of the Court to do so.

You are able to apply for a property settlement at any stage, you do not have to wait until you are Divorced.

Divorce Hearing

If you have children under the age of 18 you must attend the Divorce hearing. We recommend that people do attend their Divorce hearing as it can assist with their healing process from the breakdown of their relationship.

The Court charges a filing fee in lodging your Divorce. This fee can be substantially reduced if you have a health care card.

Divorce Lawyers Melbourne

Please contact a member of Lewis Holdway Lawyers’ Family Law team on (03) 9629 9629 to discuss any concerns or issues that arise out of reading this information.


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Lewis Holdway Lawyers

+613 9629 9629

Fax: +613 9629 9630


Level 2, 91 William Street, Melbourne, 3000

P.O. Box 138, Collins Street West, Victoria 8007

DX Mail: DX 650 Melbourne

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