From making the difficult decision to separate, to finalising property settlements and parenting arrangements, divorce is one of life’s most challenging experiences. The right legal guidance can make all the difference in how it affects your family, finances, future…and feelings.
At Nevett Ford, our Melbourne divorce lawyers bring decades of experience in supporting individuals and families from all walks of life – including LGBTQIA+ couples – through this process with empathy, integrity, and confidence.
Get direct access to real, experienced lawyers who will guide you through navigating your separation with grace. No automated forms here; only human compassion, longstanding expertise, and a sincere commitment to your success.
What You Need to Know Before You Get a Divorce
Sometimes, the hardest part is knowing where to begin. If you are considering divorce, understanding what to expect and preparing early can make the road ahead far smoother and less stressful.
Australia follows a no-fault divorce system – the Court only needs to be satisfied that your marriage has broken down irretrievably.
You can apply either individually or jointly, and our Melbourne divorce lawyers can advise which approach best suits your situation.
- You can apply for a divorce in Australia if you or your spouse meet any of the following criteria:
- You have been separated for at least 12 months before applying.
- You consider Australia your permanent home and intend to live here indefinitely.
- You are an Australian citizen by birth, descent, or grant.
- You have lived in Australia for at least 12 months before your application.
- Gather important financial and personal records.
- Clarify living and parenting arrangements.
- Consider counselling or mediation to explore resolution or improve communication.
- Seek early legal advice; even one conversation can save you time, cost, and uncertainty later.
Before filing, have these ready:
- Marriage certificate
- Identification documents
- Financial statements and superannuation details
- Parenting or property agreements (if any)
- Proof of separation date (if still living together)
How Our Divorce Lawyers
Help You Navigate Divorce
Every divorce is unique, from amicable separations to complex, fractious affairs. Some clients need guidance on parenting arrangements. Others seek clarity on property division or spousal support. Many, ultimately, simply want a calm and fair resolution to move on.
With over 95% of our cases settled before reaching court, our divorce lawyers in Melbourne aim to achieve practical, positive outcomes delivered with empathy, efficiency, and clarity at every stage.
We also believe that legal support should be accessible to all. We offer payment by instalment options to lighten some financial pressures and give you better peace of mind.
Initial Consultation
Meet with one of our divorce lawyers to discuss your situation, understand your rights, and plan the best way forward.
Negotiation and Mediation
We work to resolve issues through open communication and mediation, minimising stress, cost, and court involvement.
Court Applications
If court action is required, we prepare and lodge all necessary documents with the Family Court or Federal Circuit Court on your behalf.
Hearings and Representation
Our experienced divorce and family law attorneys represent you with care and skill, protecting your interests every step of the way.
Resolution
We help secure a final settlement or court order that provides certainty, closure, and a foundation for your next chapter.
Throughout the process, you will be kept fully informed with clear timelines, transparent costs, and unwavering support from start to finish. We are here for you.
Our Divorce Lawyer Services in Melbourne
Property Settlements
We help you secure a fair division of assets, debts, and superannuation with strategies that protect your financial future.
Parenting Disputes
We prioritise your children’s wellbeing, helping you reach practical, child-focused parenting and support arrangements.
Spousal Support
Get clear advice and strong negotiation on spousal maintenance to achieve fair, sustainable outcomes.
De Facto Relationships
We guide de facto partners through separation and property division, ensuring every contribution is recognised.
Intervention Orders (Family Violence)
Your safety matters. We act swiftly to help you obtain or respond to intervention orders with compassion and care.
Binding Financial Agreements (BFA)
Protect your assets and peace of mind. We draft, review, and renegotiate prenups and postnuptial agreements.
Mediation
Reach fair, amicable agreements outside of court. Our trained divorce mediation lawyers in Melbourne can help guide you through.
Frequently Asked Questions
How long does it take to get divorced in Melbourne?
Once you have been separated for 12 months, most divorces take around three to four months from filing to final order. The timeframe depends on whether your application is joint or sole, how quickly documents are filed, and the court’s schedule. Our Melbourne divorce attorneys handle every step efficiently to help you finalise your divorce as soon as possible.
How much does a divorce cost in Australia?
The court filing fee is set nationally, but overall costs depend on whether your divorce is contested or straightforward. The cheapest way to divorce is to make a joint online application through the Federal Circuit and Family Court, avoiding service or hearing costs. At Nevett Ford, we offer fixed-fee divorce packages for uncontested matters and a payment by instalment option to help make divorce legal services more accessible for you.
Do I need a lawyer for a divorce in Australia?
You do not have to hire a lawyer, but having a divorce and family law attorney ensures your paperwork is correct, your rights are protected, and your parenting or property matters are properly resolved. This can prevent costly disputes later. Our divorce lawyers in Melbourne provide affordable, practical guidance tailored to your circumstances.
How do I choose the right divorce lawyer in Melbourne?
Look for a lawyer who is experienced, transparent, approachable, responsive, and who you feel you can communicate well with. At Nevett Ford, you will work directly with a dedicated lawyer – not automated systems – ensuring clear communication, fair fees, and genuine support every step of the way.
Can I get divorced without going to court?
Yes. Most divorces are processed entirely online, and you generally do not need to attend court if your application is joint and there are no children under 18. If disputes arise, our Melbourne divorce mediators can help resolve them through negotiation or mediation before court involvement becomes necessary.
Can I apply for a divorce if my spouse is overseas?
Yes, you can still apply in Australia even if your spouse lives abroad. The main challenge is ensuring they are properly notified. Our divorce and family law attorneys can help locate your spouse domestically or internationally and provide proof to the Court that they have been served.
What factors are considered in property settlements after divorce?
When dividing assets, the Court looks at both partners’ financial and non-financial contributions, future needs, and the total value of assets and liabilities. Our divorce lawyers in Melbourne are experienced in negotiating fair settlements involving property, superannuation, and investments, aiming to protect your financial security and long-term stability.
What rights do I have to financial support after a divorce?
If one spouse cannot support themselves adequately, they may be entitled to spousal maintenance. The Court considers need, capacity to pay, and each party’s financial position. Our family law specialists can assess your eligibility and help you apply or respond to a maintenance claim.
Can I relocate with my child after a divorce?
If you wish to move interstate or overseas with your child, you will generally need written consent from the other parent or Court approval. Our divorce and parenting lawyers in Melbourne assist with relocation applications and disputes, always prioritising your child’s best interests.
What if my partner has threatened me or my children?
Your safety is the priority. If you are experiencing family violence, our team can help you apply for a Family Violence Intervention Order for immediate protection. We also represent clients if an order is contested or breached, ensuring you and your children remain safe and supported.
What should I do if my ex-partner is not complying with court orders?
If your former spouse breaches parenting or property orders, seek legal advice promptly. Our divorce lawyers can help enforce orders through the Family Court and ensure your rights and your children’s well-being are protected.
Are same-sex divorces handled differently?
No. Australian family law treats all couples equally. However, issues such as parentage recognition, surrogacy, or immigration may require additional legal steps. Our team has extensive experience supporting LGBTQIA+ clients, ensuring your rights are fully recognised and respected throughout the divorce process.
What support services are available during divorce?
Divorce affects more than just legal status. That is why we connect clients with trusted counsellors, mediators, and financial advisors who can help with emotional and financial well-being throughout the process.
Can I remarry after my divorce?
You can remarry one month and one day after your divorce order becomes final. Our lawyers can confirm the exact date and ensure your documents are processed correctly to avoid any delay.
Have More Questions?
Why Clients Choose
Nevett Ford
Decades Of Experience
As a leading family law firm in Melbourne, we bring decades of expertise in divorce and separation matters, safeguarding your rights with clarity, strategy, and care.
High Success Rates
Over 95% of our divorce law cases achieve settlement before a final hearing. We strive to provide a positive resolution and outcome for all parties involved.
Personalised Service
No two situations are alike. Our Melbourne divorce lawyers offer clear advice and compassionate guidance focused on achieving the best outcome for you.
Standard Of Care
We are committed to providing compassionate and streamlined assistance for you, as we believe in building strong and meaningful long-term relationships.
Multilingual Lawyers
Language should never be a barrier to legal support. Our team can communicate in Mandarin, Malay, Arabic, Sinhalese, Spanish, Hindi, Marathi, Serbian and Cantonese.
Initial Fixed Cost Consultations
We provide transparent and affordable fees to ensure you are aware of what the process will look like ahead of time. We also offer payment by instalment as an option.
Nevett ford is a member of the following:
Testimonials
WHO YOU'LL WORK WITH
Richard Hamilton
Director
Jenny Christofidis
Special Counsel
Erin Trantino
Senior Associate
Maggie Wang
Associate
