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?
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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 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

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.

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Ruby Heath

Partner

Ruby Heath is a Partner at Tonkin Legal Group.

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Charlie Robinson

Partner

Charlie Robinson is a Partner at Tonkin Legal Group.

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Varda Paterson Burton

Client Services Manager

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

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Ash Soklevski

Lawyer

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

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Cassandra Rush

Family Lawyer

Cassandra is a member of our Family Law Team.

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Our Trusted Network of Professional Advisors

Dr Kylie Wainwright & Assoc
Empowered Psychology
RAV

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!