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Oikonomakis Law Firm
Serves Melbourne remotely from Athens
Consultation A$ 165 for 1 hour

Founded in 1997
64 people in their team
Greek
English
Abkhaz
Afrikaans
Bulgarian
Chinese
French
German
Hebrew (modern)
Hindi
Italian
Portuguese
Romanian
Russian
Spanish
Ukrainian
Family Divorce & Separation Spousal Support / Alimony +12 more
Oikonomakis Law operates as a multi-jurisdictional legal platform of international scope, structured to provide coordinated legal services across multiple jurisdictions under a unified strategic and operational framework. Established in 1997, the firm has evolved beyond the conventional model of a...

Legal guides written by Oikonomakis Law Firm:

  • Buying Property in Cyprus in 2026: Permits, Taxes, Contract Protection and Residency Requirements
  • The AI Act After the Digital Omnibus: What Applies Now, What Was Deferred and What This Means for Regulated Firms
  • Greece Golden Visa 2026: Investment Requirements, Application Process and Legal Considerations
Schetzer Papaleo Family Lawyers
Melbourne, Australia

Founded in 2019
10 people in their team
English
Schetzer Papaleo Family Lawyers is a specialist family law firm providing clear, practical and considered legal advice to individuals and families. Dedicated exclusively to family law, the firm assists with divorce and separation, parenting and child custody matters, child support, property...
Melbourne, Australia

English
At Guide Me Family Law, we focus our practice on family law and estate planning, providing fixed-price legal advice designed to reduce uncertainty for our clients. We encourage fixed fees at each defined stage of a matter so our clients can manage their cash flow with confidence. We also offer...
Emigrate Lawyers
Serves Melbourne remotely from Sydney
Consultation Free · 15 minutes

Founded in 2024
10 people in their team
English
Nepali
Hindi
Urdu
Burmese
Emigrate Lawyers is a Melbourne-based migration and family law firm dedicated to delivering the results you deserve. Our team includes experienced immigration lawyers and consultants with a strong track record in migration law. Whether you need assistance with a Protection Visa, Partner Visa, or...
NEVETT FORD MELBOURNE PTY LTD
Melbourne, Australia

Founded in 1850
50 people in their team
English
Chinese
Korean
Greek
Indonesian
Arabic
French
Spanish
About us Proudly providing quality legal advice for over 150 years. As one of the longest continually operating law firms in Victoria, we have built a reputation of providing exceptional professional service based on a personalised, client-focused and efficient approach. Our passion for our clients...
Vstar Lawyers and Consultants
Melbourne, Australia
Consultation Free · 15 minutes

Founded in 2006
English
Chinese
Vstar Lawyers and Consultants is a Melbourne based, multi-disciplinary law firm with a mobile Sydney office, delivering a broad spectrum of legal services since 2006. The practice concentrates on Real Estate and Conveyancing, Migration, Corporate and Commercial matters, Criminal Defense, and Family...
Carew Counsel Solicitors
Melbourne, Australia

Founded in 1983
50 people in their team
English
About usCarew Counsel Solicitors is a highly regarded family law practices in Victoria. We have 4 Accredited Family Law Specialists and have over 35 years’ experience in the field. Operating in the Melbourne CBD on La Trobe Street our lawyers are always ready to help you with your matter. We have...

Founded in 2007
English
James Dowsley & Associates Criminal Law - Melbourne concentrates on criminal defence across Victoria, handling matters from the Magistrates Court to the High Court. The firm was founded in January 2007 by James Dowsley and is led by a team that includes three Law Institute of Victoria accredited...
Codex Lawyers
Melbourne, Australia

English
Codex Lawyers presents itself as a customer-focused Melbourne practice that guides both businesses and individuals through legal challenges in a litigious environment. Their website emphasises integrity, clear communication, quality advice and a results-driven approach, with a stated preference for...
Melbourne, Australia

Founded in 1967
9 people in their team
English
Dimos Lawyers is a Melbourne based law firm with national reach that was founded in 1967 and has evolved from a single room off Bourke Street to offices at 360 Collins Street in Melbourne. The firm provides expert legal and commercial advice to individuals, businesses and corporations, drawing on...
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About Divorce & Separation Law in Melbourne, Australia

Divorce and separation law in Melbourne, Australia involves numerous legal processes, relationships, and rights intersecting family law, child support, property settlements, and spousal maintenance. Under Australian law, divorce is the legal termination of a marriage, and the Family Law Act 1975 is the primary legislation governing the process. In Australia, a no-fault divorce system means that the court does not consider which partner was at fault for the relationship's breakdown. Instead, the sole ground for divorce is the irretrievable breakdown of the marriage, evidenced by a 12-month separation period.

Why You May Need a Lawyer

While some couples can manage divorce and separation amicably, many require legal assistance to navigate complexities such as property division, child custody, and financial support. Common situations necessitating legal help include:

  • Disagreements over property or asset division
  • Contentious child custody or visitation arrangements
  • Complex financial situations involving businesses or multiple properties
  • Spousal maintenance disputes
  • Enforcing or contesting prenuptial agreements

Engaging a lawyer can also ensure that all paperwork is correctly filed and that your rights are protected throughout the process.

Local Laws Overview

In Melbourne, the Family Court of Australia and the Federal Circuit Court share jurisdiction over divorce and related matters. Key legal aspects include:

  • Divorce Applications: At least one partner must regard Australia as their home and have been living in Australia for the past 12 months before applying for a divorce.
  • Property Settlement: There is no automatic 50/50 split; instead, the court considers numerous factors to ensure a just and equitable division.
  • Child Custody: Decisions are made in the best interests of the child, with shared parental responsibility encouraged unless it’s contrary to the child’s welfare.
  • Spousal Maintenance: Financial support may be granted if one partner cannot meet reasonable expenses without help from the other partner.

Frequently Asked Questions

How long do I need to be separated before I can file for divorce?

You must be separated for at least 12 months before you can apply for a divorce in Australia.

Can I be separated and still live under the same roof?

Yes, you can be separated while living under the same roof, but you will need to provide additional evidence to support this claim when applying for divorce.

What happens to our property during a divorce?

Property division is not automatic and requires either an agreement between both parties or a court decision to ensure a fair distribution.

How is child custody determined?

The court prioritizes the child's best interests, typically supporting shared parenting unless it adversely impacts the child.

Do I need a lawyer for my divorce?

While not mandatory, having a lawyer can help manage complex legal issues and secure your rights regarding asset distribution and child arrangements.

What is spousal maintenance?

Spousal maintenance is financial support from one partner to another if the latter cannot meet their expenses post-separation or divorce.

Can I change my child’s last name after separation?

Both parents must agree to a name change; otherwise, court approval is needed based on the child's best interest.

Do I have to attend court for my divorce hearing?

Generally, if you filed a joint application for divorce and there are no children under 18, attendance at the hearing may not be necessary.

What if my ex-partner does not comply with our parenting orders?

If a partner breaches parenting orders, you may file a complaint with the court to enforce or change these orders.

Can international travel with children be restricted post-divorce?

Yes, if there is a risk of abduction or a breach of court orders, the court can impose travel restrictions on children.

Additional Resources

Consider the following organizations and resources for further assistance:

  • Victoria Legal Aid: Offers free legal assistance and resources online.
  • The Family Court of Australia website: Provides information and resources on family law matters.
  • Relationships Australia: Provides counseling, mediation, and support services.

Next Steps

If you require legal assistance for divorce or separation, consider the following steps:

  1. Consult with a family law solicitor to discuss your situation and receive tailored advice.
  2. Gather necessary documents, including financial records, marriage certificates, and any prior agreements.
  3. Consider mediation as a first step to resolve disputes amicably without court intervention.
  4. File the necessary applications and ensure adherence to procedural requirements for your divorce or separation.

Engaging a lawyer can significantly ease the stress and complexities involved in divorce and separation proceedings, ensuring your rights and future interests are well-protected.

Lawzana helps you find the best lawyers and law firms in Melbourne through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.