Our Melbourne divorce lawyers provide clear, structured advice to guide you through the divorce process, helping you understand your position and move forward with certainty from the outset.
At Hamilton Thomas Family Lawyers, our team provides steady, practical support at every stage of the divorce process. You will understand your eligibility, key steps and timelines, with clear advice to help you move forward with confidence and a structured plan in place.
Australia has a no-fault divorce. This means that there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably, and there is no reasonable likelihood that you will get back together. Both parties do not need to agree for the divorce to proceed; however, there is a requirement to be separated for 12 months before making an application to the Court.
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How we help
Practical, clear advice across all areas of family law, from first questions to final resolution.
Clear guidance through separation, protecting your rights and helping you plan your next chapter.
Strategic advice to secure a fair division of assets and protect what matters most to you.
Practical solutions focused on your children’s best interests while reducing conflict.
Advice on financial support obligations so you understand your entitlements clearly.
Compassionate legal support to keep you and your family safe, with urgent intervention orders when you need them most.
Understanding your rights in a de facto relationship, whether separating or protecting what you’ve built together.
Our people
40+ years combined family law experience. You speak to senior lawyers from your very first call.
Why choose us
We’re not transactional lawyers. We aim to be another branch of your support network.
Work with senior family law staff with an exclusive focus on family law for better outcomes.
Clear advice, honest costs and no surprises, from your very first call.
Based at 59 Koornang Road, Carnegie, we provide a local point of contact for Melbourne's south-east families.
We aim to get you out of the legal system as quickly and cost-effectively as possible.
Getting started
Three simple steps to getting expert family lawyers on your side.
01
Book your free discovery call
Meet our Carnegie team, discuss your situation and explore your options — no obligation, no jargon.
02
Personalised strategy
We match you with the right lawyer and build a tailored plan around your goals and circumstances.
03
Resolution & moving forward
We guide you to a fair outcome so you can move ahead with clarity and confidence.
Divorce doesn’t have to be overwhelming. Our Melbourne divorce lawyers will give you clear, honest advice from day one, so you can move forward with confidence and a plan that actually works for you.
You do not need a lawyer to apply for a divorce in Australia, as it is a largely administrative process. However, legal advice can be helpful if there are children, service issues, or related property or parenting matters, to ensure your position is clear and nothing is overlooked.
If there are children under 18 and you are filing a sole application for divorce, you will need to attend a Court hearing so that the Court is satisfied that appropriate arrangements are in place for the children. If it is a joint application, no attendance is required. An application for divorce is lodged with the Federal Circuit and Family Court of Australia. The Court will then allocate a divorce hearing date. Under normal circumstances, this date will usually be within two (2) months of filing your application.
If the Court is satisfied that you have been separated for twelve (12) months, the relationship has broken down irretrievably and there is no reasonable likelihood that you will get back together, a divorce order will be made and comes into effect one (1) month and one (1) day from the date of the hearing.
In Australia, the Federal Circuit and Family Court of Australia sets divorce fees. In 2026, the current Application for Divorce fee that must be paid through the courts is currently $1125. There is also a reduced fee of $375 if you are found to be eligible.
Some couples make an application for themselves, and others have a lawyer manage it for them. If it is a joint application for divorce and there are no issues with having the document executed by each party and you have been separated and living apart for twelve (12) months, our fees are fixed at $1000 (exc GST and court filing fee).
If you were married less than 2 years, lived under the same roof for part or all of the twelve (12) month period, or if you are applying for a sole application, the costs may increase as more documents are required to be filed with the Court and/or additional service requirements come into play. These fees do not include parenting and property matters. If you are unsure where to start, get in touch with our Melbourne divorce lawyers today to book a free , 30 minute discovery call.
Serving Melbourne
Based in Carnegie. We see clients in person or online, whichever suits you.
