Divorce Lawyers in Melbourne
At Parke Lawyers, we understand that divorce is often one of the most stressful and emotional experiences a person can face. Our experienced divorce lawyers act with sensitivity and professionalism to guide you through this difficult time. We ensure your application is prepared thoroughly, accurately, and in a timely manner, helping you obtain a divorce as quickly and smoothly as possible.
Separation Requirements
To apply for a divorce in Australia, you must satisfy the court that:
- You and your spouse have lived separately and apart for at least 12 months; and
- There is no reasonable likelihood of resuming married life.
Importantly, you can be considered “separated” even if you are still living under the same roof, provided you can demonstrate that the marriage has ended.
All divorce applications are handled by the Federal Circuit and Family Court of Australia.
What Type of Lawyer Handles Divorce?
Divorce matters are handled by family lawyers, who also deal with related issues such as:
- Prenuptial and binding financial agreements
- Parenting arrangements and custody disputes
- Child support
- Property settlement and spousal maintenance
If children under 18 are involved, a divorce will only be granted if the court is satisfied that proper arrangements are in place for their care and welfare.
The family lawyers at Parke Lawyers can assist with both:
- Joint applications (filed together with your spouse), or
- Sole applications (filed by one party only).
Declaration of Nullity
In rare cases, the court may declare that a marriage is invalid. A declaration of nullity is a finding that there was never a legal marriage, even if a ceremony took place. The Family Court of Australia may make this declaration if one or both parties were:
- Already married at the time
- Underage and did not have the required approvals
- Forced into the marriage under duress
Marriages Under Two Years
If you have been married for less than two years, the law requires you and your spouse to attend counselling with a family counsellor to discuss the possibility of reconciliation. You must then file a counselling certificate with the court.
If reconciliation counselling is not possible, you may need to apply for an exemption. Services such as Family Relationships Online can assist you in finding a counsellor.
Do I Need to Attend Court?
- Joint applications – attendance at court is generally not required.
- Sole applications – you must attend if there are children of the marriage under 18 years at the time of filing, or if you have indicated you wish to appear.
How Parke Lawyers Can Help
Our team of Melbourne divorce lawyers provides:
- Clear, practical advice tailored to your circumstances
- Efficient preparation and filing of your divorce application
- Representation at court hearings where required
- Guidance on related issues such as property settlement, parenting arrangements, and financial matters
At Parke Lawyers, we aim to make the divorce process as straightforward and stress-free as possible, while ensuring your rights and interests are protected.
