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Divorce & Marriage Separation Lawyers Melbourne

Our separation lawyers help simplify the process of applying for divorce in Australia, providing tailored support for you and your family through every phase of your separation and divorce proceedings.

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Under Australian Family Law, divorce is defined as the legal termination of a marriage agreement. For our valued clients here at Oxford Partners, however, divorce and separation typically doesn’t signify an ending, but rather an evolution. 

As you and your family’s daily routines and living arrangements change during separation and divorce proceedings, our empathetic team of Family Lawyers at Oxford Partners Lawyers strive to be a constant source of direction and support. 

Whether you’re looking to secure legal assistance with property and financial settlements or are seeking legal advice with preparing or finalising child custody arrangements and other parenting and children’s matters, our Family Lawyers at Oxford Lawyers can offer their services.

Speak with our Family Lawyers to secure leading Melbourne separation legal services today.

Expert services

From property settlements to child custody arrangements, our Melbourne lawyers specialise in handling all aspects of divorce and marriage separation with precision and care.

Family Law Firm

A team of family lawyers with decades of combined experience

Empathy-driven Service

Our divorce and separation lawyers provide compassionate guidance, offering tailored support and understanding during the most challenging moments of your life.

Proven Results

Partner with Melbourne’s trusted divorce and separation experts.

Flexible Fee Models

Our legal fees are down to earth and realistic

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Secure Proactive Legal Assistance for Separation Cases

A common misconception is that both partners need to agree to a separation before they can begin divorce proceedings. However, it only takes one of you to decide if you have separated. Marriage separation can even occur when you and your partner are still living under the same roof. 

Under Part VI of the Family Law Act 1975, individuals are only eligible to apply for divorce in Australia after being separated for a minimum of 12 months, it’s imperative to secure early legal assistance with your separation to ensure a prompt and fair resolution to both separation and divorce proceedings that accommodates both parties and their children. 

Handling marriage separation and navigating the legal requirements for divorce can be complicated, but our experienced Melbourne-based lawyers are here to assist, providing expert legal advice that can help you maintain a proactive approach to your separation or divorce proceedings.

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Why secure Family Law services with Oxford Partners Lawyers?

For over a decade, Oxford Partners Lawyers has been a trusted provider of divorce and separation legal services in Melbourne. Oxford Partners Lawyers work with you in a time and cost-effective manner, tailoring our Family Law legal services , including marriage dissolution legal services, to meet your needs. 

You won’t get lost in legal language. At Oxford Partners, our discussions with you are always upfront and in clear language that you can understand. Our experienced team of divorce law specialists understand marriage separation is a challenging time for everyone involved. We are sensitive to your needs and here to help you achieve the best possible outcome including future financial stability.

Our result-driven approach and empathetic service has contributed to our exceptional track record, ensuring that all our clients receive a swift and fair outcome for their unique Family Law matters.

Consult with Oxford Lawyers Partners Today

If you’re after legal assistance for separation or navigating divorce, don’t hesitate to get in touch with your local Family Lawyers at Oxford Partners Lawyers. 

Secure a free 30-minute consultation with some of Melbourne’s leading separation lawyers today. Contact our team of Family Lawyers by filling out our web enquiry form or phoning our Melbourne CBD law firm at (03) 9670 7577.

Our Divorce & Separation Legal Services

At Oxford Partners Lawyers, our dedicated Family Lawyers are equipped with all the relevant experience to provide a range of comprehensive separation legal services in Melbourne, Victoria. Our Melbourne CBD separation lawyers can discuss the following other Family Law matters with their valued clients:

  • Living arrangements – Our Family Lawyers can help simplify your separation by providing support with preparing and finalising adapted living arrangements for you and your family.
  • Parenting arrangements – With a dynamic understanding and deep experience of Parenting & Children’s Matters in Australia, our separation lawyers can assist you with developing and implementing tailored parenting arrangements that accommodate your family.
  • Financial settlements – Streamline the process of preparing property and financial settlement agreements by working with our dedicated settlement lawyers at Oxford Partners Lawyers.
  • Mediation – If you and your family would prefer to work with our divorce and separation lawyers in Family Mediation processes rather than taking your case to Family Court, our team at Oxford Partners Lawyers can offer their guidance in securing a swift and fair resolution to all your Family Law matters.
  • Court representation – If your case must be submitted to Family Court, our Melbourne separation lawyers can represent you and your family’s best interests, ensuring strong support for your voice.
  • Legal advice for Family Law matters – Our Family Lawyers are always available to provide general legal advice for a range of Family Law matters. Whether you’re looking for support with property and financial settlement agreements or spousal maintenance, our team at Oxford Partners Lawyers is here to help.
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Our Reviews Speak For Themselves

At Oxford Partners, we take pride in ensuring all of our clients can enjoy strong representation and effective resolutions. See what our clients have to say about our services.

Your Rights & Obligations During Divorce & Separation Proceedings

The minute you decide to end your relationship, is the time to call one of our Family Law lawyers. Together, we will discuss all your litigation options, including those specifically related to legal marriage advice, and marriage dissolution proceedings. Working with us from day one also means we can put measures in place to secure your financial stability. 

Upon your decision to proceed with your legal separation, decisions need to be made about handling your separation and divorce proceedings, including “child custody”, family mediation, and property and financial settlements. Your divorce lawyer will act as a knowledgeable and objective third party that is responsible for the division of assets between partners. 

Consulting an experienced divorce lawyer is your best chance at creating an amicable arrangement with your partner, securing your own financial stability, and navigating the complexities of marriage dissolution legal services.

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How to Apply for a Divorce or Separation in Australia: A Step-By-Step Process

The action of securing legal assistance for separation and divorce in Australia typically follows a 5-step process with a timeframe between 15-24 months. Here’s the rough timeline you can expect from your separation or divorce proceedings.

Step 1 – Proceeding with your Separation

Under Australian Family Law, couples must be legally separated for at least 12 months before they can be eligible to file an application for divorce. At the end of this 12 month period, applicants must provide evidence of their separation to be found eligible for divorce by the Court.

Evidence can be provided in the form of rent/mortgage repayment receipts for separate properties, division of financial assets (i.e. bank accounts), change in sleeping arrangements, reduction in shared family activities/hobbies, and other evidence provided by friends and family members.

Step 2 – Determining Eligibility for Application of Divorce

If you meet eligibility criteria with regards to your separation, the Court will then assess whether you fulfil all other eligibility criteria for divorce in Australia.

This includes:

  • Ensuring you and your spouse have legal rights to continue living in Australia following your divorce
  • Ensuring there is no reasonable likelihood of reconciliation of the marriage
  • Ensuring you have your Australian marriage certificate or a translated English version of your foreign marriage certificate
  • Ensuring you have evidence of attending counselling (if applicable)

Step 3 – Filing your Divorce Application & Supporting Documents

If all eligibility criteria have been met, you can proceed with filling out your divorce application. With the support of your divorce or separation lawyer, you should be able to provide all requested information in this documentation.

If, however, some information cannot be provided (i.e. addresses, parenting arrangement information, etc.), your Family Lawyer will work with you to make special considerations with Family Court if required.

Step 4 – Attending your Divorce Hearing (if applicable)

Applications for divorce can be filed by either sole or joint applicants. Typically court attendance is not required in divorce cases with joint applicants, or for cases where there are no children of the marriage.

If you’re applying as a sole applicant and there are children under the age of 18, then you will likely need to attend a divorce hearing to finalise your divorce.

Step 5 – Finalising your Divorce

Once your divorce has been granted, it will be finalised one month and one day following the date of approval or earlier if a special order is made by the Court. Your divorce order will be available for download at the Commonwealth Courts Portal the next working day after the order has become finalised.

Divorce & Separation FAQ

What am I entitled to during a separation?
During a separation, both you and your partner have the right to access shared assets, from bank accounts, stocks or shares, to occupying the family home and other tangible assets like vehicles. If you and your partner have conflicting needs or interests, it may be best to organise a formal separation agreement between both parties to ensure that everyone’s individual needs can be met with minimal frustration.
How long does it take to file for divorce in Australia?
Following a mandatory 12-month separation period, it is possible for a divorce papers to be served and filed all within an average of four to six months, although some divorces have taken as little as one month to finalise. Cases that include complex child custody arrangements or are organised alongside property or financial settlements may naturally take more time to finalise than other simpler arrangements.
What are the average costs of filing for divorce in Australia?
Although average costs of a divorce application tend to be around $2000-$4000, the costs associated with divorce naturally tend to vary depending on the context of the separation and proposed divorce in question, as well as whether or not childrens-matters must also need to be organised alongside divorce proceedings.
Are divorce lawyer fees tax deductible?
As divorce lawyer fees are considered to be personal legal fees under ATO regulations, they are unfortunately not tax-deductible. It is recommended that you discuss billing and fees and other related questions with your divorce lawyer either during your preliminary consultation or even prior to this via a phone call to ensure all the information you receive surrounding fees aligns with the fee structure of your Family Lawyer.
How are assets generally divided during a divorce or separation?
The division of assets takes into consideration the ages and earning capacities of both parties to ensure that each party receives a fair and equitable arrangement during property or financial settlements either during or following the finalisation of a divorce or separation. It must be noted, however, that there are time limits on property and financial settlements following the finalisation of a divorce, so it’s always best to address asset division with your Family Lawyer.
How is separation different from divorce?
Divorce is the legal termination of a marriage after a couple has been separated for a minimum of 12 months, whereas separation is the end of a marriage or de facto relationship without any legal requirements or processes
What is the legal process for separation?
Unlike divorce, there are no legal processes or requirements for a couple to separate, regardless of whether they're married or in a de facto relationship.
Do I need to provide spousal support during separation?
Spousal support entitlements after separation depend on a variety of factors. The most important ones include the length of the relationship, contributions made by either partner and their financial situation. Unlike in a divorce, there are no set entitlements for spousal support after separation, so it's best to speak with a family lawyer about the best course of action.
How do I file for divorce in Australia?
The first step in filing for divorce is to lodge a 'petition' or court application with the Family Court of Australia. The petition can be lodged by either party and details about the relationship, property and children if any need to be included. The Family Court will then mail a notice of your divorce to you and your partner. You will then have either 28 days or 90 days (depending on the state in which you are divorcing) to respond in a written statement, which can be done online. Having responded, a court date for when the divorce hearing will be held will be determined. The date for your divorce hearing can vary from 4 months to up to 2 years depending on the backlog of cases and how fast each party responds at each step of the process. However, these timelines are just an estimate - a family lawyer can help you file for divorce and help you with each stage of the process.
How can I make going through divorce easier?
Divorce can be a stressful time, especially when there's a conflict between you and your ex. One of the best ways to deal with the stress is to speak to a professional family lawyer before you begin filing for divorce. A family lawyer can assist you throughout the entire process of your divorce and help ease the stress and complications that can arise from it.