Divorce Lawyer Melbourne (2026)

Am I eligible to apply for divorce in Australia?

Either you or your spouse must be an Australian citizen, regard Australia as home and intend to live here indefinitely, or have ordinarily lived in Australia for the 12 months immediately before filing. An overseas marriage may qualify, subject to the marriage and jurisdiction requirements.

Australia has no-fault divorce: the court does not decide who caused the marriage to end. You still need to establish the separation period and that there is no reasonable likelihood of resuming married life. If you continued living together, or disagree about the date of separation, tell us before an application is prepared.

NS Legal assesses the marriage documents, evidence of your connection to Australia and separation history to advise on the appropriate divorce application and any further material required.

What documents do I need for a divorce consultation?

Start with your marriage certificate, a separation timeline and records of citizenship or residence. If both spouses were born overseas, additional evidence of Australian jurisdiction is required. Depending on the basis relied on, this may include a citizenship certificate, passport, visa information or bank statements showing residence.

• Bring your marriage certificate and any existing translation.
• Record the separation date, how it was communicated and any periods of reconciliation.
• Provide your spouse’s current contact details and any application or correspondence already received.
• Prepare details of housing, schooling, health, contact and financial support for children under 18, including your children together born before marriage or after separation, children you adopted together, and children treated as family members before final separation.

A non-English marriage certificate needs a translation and the translator’s affidavit, with a copy of the original certificate attached. Separation under one roof during the 12 months before filing requires additional affidavit evidence. NS Legal prepares the application and supporting affidavits from your account of the separation and the available documents.

How is a sole divorce application served?

Your spouse must be served at least 28 days before the hearing if they are in Australia, or at least 42 days beforehand if overseas. A joint application does not require service on your spouse. For service by hand, you cannot deliver the documents yourself; another person over 18 must do so.

Service overseas needs to be checked against the destination country’s applicable arrangements. If you cannot locate your spouse or complete ordinary service, an application for substituted service or dispensation may be appropriate, supported by evidence of the attempts made to locate and contact them.

NS Legal arranges service, prepares proof of service and, where needed, seeks directions from the court. Tell us early if you do not have an address or if safety concerns affect communication.

Do I have to attend court in Melbourne?

Divorce proceedings start in the Federal Circuit and Family Court of Australia, Division 2, and applications are generally filed through the Commonwealth Courts Portal. The court has a Melbourne registry, but divorce hearings are conducted electronically. Most applications can be decided without the parties attending, depending on the circumstances and the court’s directions.

An application may be adjourned if further evidence is needed, so filing an application or having a hearing listed does not mean your marriage has legally ended. Documents submitted must be accepted for filing; the court may decline to consider documents that have not been accepted before the hearing.

NS Legal prepares you for the hearing, assembles the documents needed to answer the registrar’s questions and assists with any further evidence the court requests.

Does divorce finalise our property and parenting arrangements?

A divorce does not determine property division, spousal maintenance or parenting arrangements. Property adjustment and spousal maintenance applications relating to a marriage generally must be made within 12 months after the divorce becomes final; an application outside that time requires the court’s permission.

Tell us about any proposed settlement or existing agreement when you book, including any property transfers you are considering.

A Victorian property transfer may qualify for a relationship breakdown exemption from land transfer duty, subject to the reason for the transfer and the qualifying parties and recipients. A divorce order does not make every transfer exempt. NS Legal includes the work on your property settlement, parenting arrangements and proposed transfers in the agreed plan, with the relevant deadlines.

How do I book a Melbourne divorce appointment?

NS Legal’s Melbourne office is at Suite 1001, 50 Market Street, Melbourne VIC 3000. Call (03) 9620 3275 or request an appointment with your separation date, any court documents and a brief outline of the advice you need. Once you submit the form, we will confirm the meeting place and available times. Arrangements for a first consultation are explained when you book.

Tell us whether you are planning a joint application, applying alone or responding to documents served on you. The work starts with eligibility and evidence, followed by the application and any additional affidavits. After filing, the next steps are service where required, hearing preparation and recording the order’s effective date and associated financial deadlines.

Include any hearing date or other existing deadline, whether your spouse is overseas, and any safety concerns affecting contact or service. Keep complete copies of any documents received, including the attachments and details of when you received them.

Compiled from official sources; updated 29 October 2026.