Separation and Divorce Lawyers in Melbourne
Compassionate legal support when your relationship ends, and your new life begins
We guide you through separation and divorce with care and clarity.
MST Lawyers provides legal advice on separation and divorce in Melbourne and across Victoria. Our family lawyers handle divorce applications, interim parenting and property arrangements, spousal maintenance, and consent orders under the Family Law Act 1975 (Cth).
Our office is in Mount Waverley, serving clients from Clayton, Glen Waverley, Mulgrave, Wheelers Hill, and the surrounding south-eastern suburbs.
Legal services tailored to your separation journey
What does a divorce application in Australia involve?
In Australia, a divorce is granted under the Family Law Act 1975 (Cth) on the sole ground of irretrievable breakdown of marriage. The only evidence required is 12 months of continuous separation. Neither party is required to prove fault.
Finalising a divorce is more than a legal form – it’s a significant personal milestone. Whether you’re initiating the application or responding to one, we ensure your divorce is handled efficiently, respectfully, and in accordance with the Family Law Act. We’ll also help manage service requirements, timeframes, and parenting or property considerations that may arise along the way. A legally sound divorce gives you closure and clarity, enabling you to move forward.
MST Lawyers has helped countless individuals through both straightforward and complex divorces, including international matters, high-conflict separations, and cases involving family violence or absent spouses.
What should you do first after separation?
When a relationship ends, many people don’t know where to begin. Early legal advice can help you regain a sense of control. We offer clear, personalised guidance to help you understand your rights and responsibilities and make informed choices from day one.
We’ll help you understand:
- Your legal position before, during and after separation
- What the separation process involves – including parenting, finances and property
- Immediate steps to take – such as protecting assets or making interim parenting arrangements
Being informed early on helps you avoid decisions that may lead to stress or legal complications later. We guide you through practical next steps with empathy and clarity – reducing uncertainty and helping you focus on what’s most important.
How do you set up financial arrangements after separation?
Separation affects both personal and financial circumstances, and it’s crucial to establish fair and secure arrangements that meet your needs. Our experienced team will assist with:
- Establishing new living arrangements to ensure stability for you and your children
- Negotiating property settlements to fairly divide assets, debts, and financial responsibilities
- Spousal maintenance claims, ensuring that financial support is provided where necessary
- Protecting your financial interests, including securing superannuation and managing joint assets
Every separation is unique, and our role is to help you navigate the legal and financial aspects while ensuring your rights and interests are safeguarded.
How are parenting and property arrangements resolved after separation?
Separation involves more than just a legal ending – it requires new agreements about children, property and finances. Our team works with you to negotiate practical, lasting arrangements through discussion, mediation, or, if needed, court proceedings. Fair and workable agreements reduce conflict and provide stability for you and your family.
MST Lawyers has a strong record in achieving parenting plans that prioritise children’s wellbeing and property settlements that support financial security.
Same-sex and de facto separation
All families and relationships deserve equal respect. If you are separating from a same-sex or de facto partner, we offer inclusive and considered legal advice tailored to your unique circumstances.
De facto and same-sex separations can involve distinct legal considerations – especially around timeframes, entitlements, and parenting. Our lawyers stay up to date with the evolving legal landscape and apply a respectful, informed approach to every relationship type.
How to apply for divorce in Australia
Divorce is not just a legal process; it’s a significant life change. Our team is here to make the process as smooth and stress-free as possible by providing:
- Expert guidance on divorce eligibility and requirements under Australian law
- Preparation and lodgement of divorce applications, ensuring all documents are correctly completed
- Representation in court if required, including contested divorce cases
- Support in managing financial and parenting arrangements after divorce
Many clients are unsure about the legal steps involved in applying for divorce. We take the time to explain everything clearly and ensure you feel confident moving forward.
Speak to a divorce and separation lawyer today
Not sure where to start?
Download our Separation & Divorce Checklist
Going through a separation or divorce can feel overwhelming – but you don’t have to navigate it alone. Our free checklist is designed to guide you through each stage of the process, from preparing to separate through to finalising parenting and property arrangements.
Download the checklist today and take the first step with clarity and confidence.
Meet the lawyers dedicated to your success
The Family Law legal team
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Serving both individuals and businesses
Our clients span industries, backgrounds, and needs, each relying on MST Lawyers for dedicated, effective legal support.
Book a Confidential Family Law Consultation
Every family is different, and so is every family law matter. MST Lawyers is here to help you move forward with strength, clarity, and support. You can book a consultation using our contact form or please contact our office on (03) 8540 0200
a team dedicated to your success.
Why Choose MST Lawyers?
- Accredited family law specialists and experienced practitioners
- Proven success in complex property and parenting disputes
- Discreet, supportive service tailored to your situation
- Strong negotiation and mediation skills to avoid unnecessary conflict
- Based in Melbourne, supporting clients across Victoria and interstate
Whether your matter involves high-conflict parenting, hidden assets, family violence, or a straightforward consent order, our team will guide you with care and precision.
FAQS about divorce and separation
Frequently Asked Questions
How long do I need to be separated before applying for divorce?
You must be separated for at least 12 months – even if you’re still living under the same roof.
What if we’re still living together after separation?
You can still apply for divorce, but you’ll need to provide extra evidence – such as statements from friends, family or a lawyer.
Do I need to finalise parenting or property arrangements before applying for divorce?
No – but property matters must be resolved within 12 months after your divorce is granted.
Will I have to go to court for my divorce?
Only if there are children under 18 or if your application is contested. Many divorces proceed without a court appearance.
Can I get a divorce if I don’t know where my former partner is?
Yes – we can assist you with applying for substituted service or seeking a court exemption.
What happens if my spouse doesn’t want a divorce?
Australia’s no-fault divorce system means that mutual agreement is not required. You can apply individually if you meet the legal criteria.
Can you be separated while still living together?
Yes. In Australia, it is possible to be legally separated while living under the same roof — this is known as separation under one roof. You may need to provide evidence (separate finances, separate social lives, separate sleeping arrangements) if you later apply for divorce. MST can advise on how to document your separation correctly.
Worried about lawyer fees?Now there is a smarter & more flexible way to fund your family law matter.We understand that when you’re navigating a separation or relationship property matter, the financial strain can sometimes stand in the way of getting the legal support you need. That’s why we’ve partnered with JustFund – Australia’s only dedicated provider of flexible funding solutions for family law legal fees. Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or relationship property proceedings. You don’t have to repay the loan until you reach a settlement, which we hope reduces the stress associated with paying costs upfront. Contact us for more information, or visit JustFund.com.au |
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