Finalising your divorce

If you want to ensure your marriage is legally and officially over or if you want to get re-married, then you need to commence formal divorce proceedings. That's where we can help.

FINALISING YOUR DIVORCE?
GET STARTED ONLINE NOW

Divorce is the legal ending of a marriage.

The only ground for divorce in Australia is the irreconcilable breakdown of the marriage, which is proved by 12 months separation. The separation can be an actual physical separation where one person leaves the home and lives elsewhere, or where you both continue to live under the same roof but lead separate lives.  Either way if there is no likelihood of you getting back together you are entitled to apply for divorce.

Many people separate from their partner and choose not to finalise their divorce – mainly because of the costs involved.  Aside from the cost of your lawyer, you need to pay court fees.

However, if you want to ensure your marriage is legally and officially over or if you want to get married again, then you need to commence formal divorce proceedings. That’s where our Melbourne team can help.

How we help

Finalising your divorce is relatively straight forward process:

  1. An application is made to the Federal Circuit Court in Melbourne or Dandenong. The Court will list the case for hearing several weeks later. This Application can be made by you, by your partner or jointly.
  2. If the application is only being made by one party, it is necessary to “serve” the divorce application on the other party.
  3. The Court then conducts the divorce hearing on the listed date.
  4. If there are children under 18, the applicant or their solicitor has to attend the divorce hearing to satisfy the Court that proper arrangements have been made for the care, welfare and development of any children under 18.
  5. A month and a day after the divorce is pronounced, the Court issues a “Divorce Order” which finalises the procedure. You cannot remarry before the issuing of the Divorce Order.

You can learn more about this process in our Helpful Guide to Successfully Navigating Separation and Divorce.

If you are separating from your partner, download our free separation guide for more helpful info!

At Tonkin Legal, our Family Law team can take care of the whole process of finalising your divorce for you. You don’t need to worry about completing the paperwork, going to court or dealing with your ex-partner or their divorce lawyer

1. Meeting

The first step is to meet with one of our experienced Family Law team.  At this meeting, we will obtain details about:

  • How long you have been separated from your partner and if we need evidence to support this (for example if you separated from your partner but remained living under the same roof)
  • That suitable arrangements have been made for any children under 18
  • Whether you expect your ex-partner will object to the divorce (for example, by claiming that the separation
    period was for less than 12 months).

We will also discuss where you are at in terms of negotiating property settlement and spousal maintenance as your right to apply for those expires 12 months after the divorce order is issued.

2. Cost estimate

Once we understand your situation, we will then provide you with a cost estimate to finalise your divorce.  This will include completing the steps above on your behalf as well as other costs you will incur (for example, the cost of filing a divorce application, charged by the Court).  

This cost-estimate is based on many years of experience undertaking this type of work. We pride ourselves on working as quickly and as efficiently as possible to keep your costs down. But we don’t cut corners. There are fixed fees available in relation to the divorce process, which can be discussed at our first meeting.

3. Finalise your divorce

If you are happy with our estimate, we then proceed with the divorce application on your behalf.  

What Our Clients Say

Good morning Charlie, I'd like to thank you and your team for your continued support and professional approach during what amounts to be a tough time.

Robert

Lymington (Tasmania)

Thank you so much Ruby for your support. I have had no problem with recommending you and the firm to others during our time together and will continue to do so in the future.

Stephen

Heidelberg

Just wanted to say big thank for everything over the last few months. Your support has been fantastic, I’ve felt heard and respected through the entire process. So relieved to finally be able to close that chapter.

Brianna

Thornbury

Ruby was fantastic, she made the whole process easy with no stress.

Ron

Viewbank

Great timely service and everything explained clearly.

Sara

Doreen

Shelley was very easy to deal with, and always had the answer for any questions or queries we had.

Daniel & Kiera

Whittlesea

Ruby was courteous and professional during the entire will process. Ruby took the time to understand our life situation and have a few laughs during the process. We thoroughly enjoyed Ruby’s approach of being professional but not stale and dull.

Grant & Robyn

Maribyrnong

Everything was done efficiently. Staff were all very friendly and helpful.

Kerri

Montmorency

Suzanna was extremely helpful and patient under difficult circumstances.

Leigh

Lower Plenty

Thanks Charlie. Your friendly manner, responsiveness and professionalism was much appreciated.

Rose

Rosanna

Thank you again for your very compassionate and professional handling of the signing. It's not easy by any means but you are making it so much better for us.

Noah

Watsonia

“Thank you St John for your great work and professionalism in finalising my divorce. It was great and after so many years it has taken to get to this place, it is still quite unbelievable that it has now been finished.”

Ava

Heidelberg

Everything gets sorted so quickly and everyone is so friendly.”

Pauline

Toorak

Suzanna and Shelley, acknowledged and thank you sincerely for all you have done, not only over the last few months for settlement, but also over the past two years….Your professionalism, thoroughness and exceptional communication has been deeply appreciated especially given I have been overseas for 80% of this process. Wishing you continued success in your business. I’m proud to say my lawyers and conveyancers are Tonkin Legal Group.

Mark

Fitzroy North

Hi Charlie, a word of thanks for the assistance and guidance provided by Tonkin Legal and in particular by yourself in settling my mother’s estate, throughout drawn out [to me] processes over the past two years. Your commitment and persistence in working through those processes on our behalf is truly appreciated.

Lindsay

Melbourne

What I have experienced with Tonkin is the care and thoughtfulness you demonstrate to clients, and the reason why I will keep coming back and why clients will refer you to new clients, as they know they will be in good hands.

Matt

Beaumaris

I want to express my heartfelt gratitude for all the hard work and dedication you've all put in, especially given the tight deadline. No amount of words can ever express my gratitude and my appreciation but I will never ever forget this and all the hard work that you ladies put in!

Mehtap

Fraser Rise

Our Team

St John Heath

Partner - Accredited Specialist in Family Law

St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.

Read more
Ruby Heath

Partner

Ruby Heath is a Partner at Tonkin Legal Group.

Read more
Charlie Robinson

Partner

Charlie Robinson is a Partner at Tonkin Legal Group.

Read more
Varda Paterson Burton

Client Services Manager

Varda Paterson Burton is the Client Services Manager at Tonkin Legal Group

Read more
Ash Soklevski

Lawyer

Ash is currently working as a Lawyer in our Wills and Estates & Family Law teams.

Read more

Our Trusted Network of Professional Advisors

Dr Kylie Wainwright & Assoc
Empowered Psychology
RAV

Useful articles about Finalising your divorce

No related posts found.

You Don’t Have to Go Through This Alone

4.5
Gary Paulus
2 months ago
I have nothing but praise for Charlie and his team of superbly talented and highly professional colleagues. They have been outstanding in their roles and have shown the potential of their leadership. I thoroughly recommend them for all your legal expertise.
Theingi Swe
4 months ago
We couldn’t have asked for a better legal team when recommended by a family member to go to Tonkin Legal group to do our Estate Planning – Wills and Power of Attorneys after encountering a hard time dealing with not so professional legal team. Ash Soklevski, the dedicated and compassionate lawyer with her excellent communication skills together with her well organised, professional legal team helped us throughout the process and our documents were done in no time. From the word go, every information and cost were provided to us transparently and at the meeting Ash was so easy and amazing, wearing a genuine smile, explaining everything a lay person can understand. She did a fantastic job as our Wills and Power of Attorneys totally reflects all our wishes. So, we would like to take this opportunity to thank Ash and her team for all their assistance and highly recommend anyone who are planning to do their Estate Planning should visit Tonkin Legal Group website as a starting point.
Andrew Bernau
5 months ago
Shelley has been incredible and we thoroughly appreciated her diligence & guidance throughout our process - both the selling & buying side of things. We would highly recommend her and Tonkin Legal Group for conveyancing. Thank you again!
Vladimir
5 months ago
Fantastic service. Professional approach. All issues resolved in timely manner. Highly recommended.
Peter Berry
7 months ago
Tonkin legals service was second to none
I cannot recommend them highly enough
ThePhilbaby7
7 months ago
Tonkin Family Group provided excellent service to me and gave prompt, easy to understand reponses to any question or requests. Any meeting at their office was held in a relaxed setting and each team member was friendly, patient and professional. I highly recommend them.
Scott McPhee
8 months ago
My brother and I dealt with Tonkin after the passing away of a parent. We had a good experience with Ruby and her team during what was a stressful time. Ruby's communication was exceptional. She never used any legal jargon, and guided us through the process of administering the estate in a way that was easy to understand.

I will use this firm again in the future.
Response from the owner:Thank you Scott so much for your thoughtful review. We are very pleased to hear that Ruby and the team were able to support you and your brother during such a difficult time. Clear communication and guidance are always our priorities, especially when helping clients navigate the administration of an estate. We truly appreciate your kind words and look forward to assisting you again in the future, should you need us.

John Poke
9 months ago
Found the team very helpful in all aspects of the estate settlement .
Would highly recommend using Tonkin Lawyers and staff
Response from the owner:Thank you John for your great review and recommendation. We are so glad that you found our team helpful throughout your estate settlement process. If you need any further assistance in the future, please don’t hesitate to contact us.
Lauren Whitehouse
9 months ago
Ruby was exceptionally professional and assisted me with my BFA. Would definitely recommend!
Response from the owner:Thank you Lauren for your wonderful feedback! We’re delighted to hear that Ruby provided you with exceptional service and professionalism during your Binding Financial Agreement process. Your recommendation means a great deal to us. If you need any further assistance in the future, please don’t hesitate to reach out.
Charlotte Blake
9 months ago
Couldn’t recommend higher. Such lovely safe and comfortable environment.
Response from the owner:Thank you so much Charlotte for your wonderful feedback! We’re delighted to hear that you felt safe and comfortable at Tonkin Legal Group. Your recommendation means a lot to us, and we look forward to assisting you again in the future.

A Helpful Guide to Successfully Navigating Separation and Divorce

Are you in the process of separating or divorcing? Our free guide to navigating separation and divorce is here to answer your questions!

If you are separating from your partner, download our free separation guide for more helpful info!