Your trusted Divorce and Separation Lawyers in Melbourne

Navigating divorce and separation can be a challenging and uncertain time for couples. We understand the complexities involved and are here to provide you with trusted guidance and support.

As your experienced team of divorce and separation lawyers, we are committed to helping you navigate this process with confidence and clarity. We will work closely with you to craft a personalised approach that is in the best interest of you and your family.

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WHAT'S NEXT

We are here to help you every step of the way

1

A prompt response. We will get in touch with you within 1 business day of your enquiry. We will determine whether we can assist at that time.

2

A confidential consultation. The next step is to schedule a meeting with one of our experienced family lawyers, where we will discuss your situation in detail and provide you with legal advice about your options. We encourage you to think about your goals and prepare a list of questions to make the most of our meeting. We will also provide you with a list of the information required.

3

Expert legal advice. Our experienced family lawyers will provide you with clear and concise legal advice on your options.

4

A plan moving forward. We will work with you to develop a plan that is tailored to your circumstances. They will offer you recommendations in relation to preferred strategy and approach.

Frequently asked questions

  • How do I obtain a divorce?

    To obtain a divorce, you must be able to demonstrate that the marriage has broken down irretrievably. To do so, the parties must satisfy the court that they have separated and continued to live separately for a period of 12 months. If there are children under 18, the court must be satisfied that there are proper arrangements in place for the welfare of the children prior to granting the divorce.

  • What if I've been married for less than two years?

    If you have been married for less than two years, you will be required to attend counselling and provide a certificate from the counsellor which states that you have considered reconciliation with your former partner.

  • Does the application include finances and property?

    Your divorce application does not address issues in relation to your financial or property arrangements. It is, however, important to remember that, unless agreed by the other party, you must start financial proceedings within 12 months of your divorce being finalised.

  • Where do I file for divorce?

    An application for divorce is filed in the Federal Circuit and Family Court of Australia. You can file a sole (one party) or joint (both parties) application. Unless the court tells you otherwise, your divorce hearing will be held by electronic means.

    In some circumstances you may not even need to attend the electronic hearing, for example, where both parties have jointly requested that the application be heard in their absence. At the hearing, once the court is satisfied that the marriage has broken down irretrievably, and if there are children of the marriage, that arrangements have been put in place for the welfare and development of the children, the court will grant a divorce order, which becomes final one month later.

    The same process applies to same sex married couples.

"Barry Nilsson provided me with personal attention as if I was their only customer. The level of professionalism and knowledge is outstanding."

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Family Law Client, 2023

We offer a complimentary call and fixed-fee consultation

Find some clarity and book a complimentary 15-min call with one of our trusted family lawyers. We can find a time that suits you to discuss your situation and determine how we can help.

Ready to take the next step? Avoid any surprises and get a clear plan to move forward with a fixed-fee consultation. You will spend an hour with an experienced lawyer to discuss your situation in detail and provide you with legal advice about your options. We will develop a plan tailored to your circumstances and provide recommendations for a strategy to approach your particular situation, so that you can take a confident step in the right direction.

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Ask us how we can help

Barry Nilsson acknowledges the traditional owners of the land on which we conduct our business, and pays respect to their Elders past, present and emerging.
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