Our services
Accredited divorce & separation lawyers Melbourne
Our highly-trained Melbourne divorce & separation lawyers are here to help make the process as efficient and cost-effective as possible.
Specialist family law firm
We have 40+ years of experience dealing with family law matters.
Client focused
Get the help, guidance, and legal support you need to move forward.
Commendable service
We’re ranked in the top five family law firms in Melbourne.
Open and upfront
We will clearly outline expectations and a quote for legal fees following your initial consultation.
Transition to a new chapter in your life with our expert divorce lawyers
Divorce is the legal process that formally ends a marriage, and addresses issues such as the division of assets, spousal support, and, if applicable, child custody and support. Before you can apply for divorce, you need to have a 12-month period of separation to demonstrate the irretrievable breakdown of marriage.
At Carew Counsel, we understand that separation and divorce can take a physical, emotional, and financial toll on the whole family. There can be even more complexities if children are involved. The good news is, you’re not alone. Our experienced family lawyers are here to support you through the journey, advocating for your rights to ensure you get the outcome you deserve.
Our awards and memberships
Get the help you need to finalise your divorce or separation
Our separation and divorce services cover a range of family matters you may encounter during the process. We’ll tailor our services to match your needs so that we can settle your family law matter as soon as possible.
Separation & divorce proceedings
Our divorce lawyers will provide support, guidance, and legal advice, with the aim of finding a resolution without the matter going to family court.
Financial & property settlement
Deciding how to split assets after a separation can lead to disputes between parties; we can help formalise a financial settlement to give you peace of mind.
Parenting matters
Like you, we have your children’s best interests at heart and will do everything to make this part of the process as smooth and agreeable as possible.
Mediation
If any disputes arise, we can represent you in mediation or serve as the mediator to negotiate terms and find a mutual resolution outside of family court.
Make an enquiry
Get started by discussing your situation with a family law expert.
When to seek legal advice from a family law firm
Going through a separation or divorce is a major life change that can leave you feeling stressed, anxious, and overwhelmed when it comes to figuring out how to move forward. Engaging a family lawyer at the earliest stage can help put your mind at ease, as they can offer tailored legal advice, answer any questions you have, and guide you through the separation or divorce process.
Our accredited family law specialists are highly trained divorce lawyers, and can support you from a legal perspective, as well as a personal one.
Benefits of engaging our Melbourne divorce lawyers
Making contact with a family lawyer is the first step towards a new life for you and your family. Let us take some of the weight off your shoulders by mapping out the entire process and guiding you through one step at a time. Here are some other benefits of choosing Carew Counsel:
- In-depth knowledge of the Family Law Act and divorce law
- Cost-effective solutions tailored to your needs
- Resolve the majority of cases in-house to avoid issues progressing to family court
- Convenient, city-based location as well as Zoom options for flexible consultations
- Achieve the best outcome for your family law matters, such as property settlement and child support
Our solution-focused process
Client testimonials
Our reviews are a testament to how much we care about our clients and strive to achieve the best possible outcome.
"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."
"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"In what was a difficult time to go through, I'm thankful that I had the team at Carew in my corner. I received sound advice all the way through the process and felt proud of the dignified way that my case was being responded to. I would certainly recommend Madison and the team at Carew for their professionalism, experience, integrity and dedicated service."
"I highly recommend Carew Counsel Solicitors for anyone seeking a dedicated and knowledgeable solicitor for family law matters. Madison Ogilvie excelled in her communication, ensuring I was kept informed every step of the way. Although it got stressful, Madison's professionalism was top-notch."
Why choose Carew Counsel
Trusted family lawyers
Our award-winning team of family lawyers have 40+ years of separation and divorce experience.
Solution-focused
We save you time, stress, and money by settling as many cases outside of the family law court.
We go the extra mile
Underneath each lawyer is a caring human committed to helping you achieve your desired outcome.
Upfront quotes
We’re transparent about our legal fees and tailor our quotes to the services you need.
Meet your team of separation and divorce lawyers, Melbourne
Frequently asked questions
Browse our frequently asked questions about the divorce and separation process.
According to the Family Law Act, there is no requirement of fault to get a divorce, which is granted once an irretrievable breakdown of marriage is demonstrated by a period of twelve months of separation. Parties may be separated for twelve months despite the fact they continue to live under one roof, though additional evidence is required to corroborate this.
Once family law court proceedings have been finalised, the property settlement must be commenced within twelve months. Some of our clients choose to finalise all financial arrangements prior to the divorce procedure but every case is different. When the court is satisfied that all criteria for a divorce have been met, then one will be granted on the basis of there being no appeal. It will then become absolute in a month, after which time you can remarry.
When children under legal age are involved in the case, the matter can be a little more complex. For children over 18, court presence is not required and the matter will be dealt with in your absence. If, however, this is not the case and there are children under the age of 18 involved, the court will not grant divorce until matters relating to children have been taken care of.
If you and your former partner are amicable, we can support you through the dividing of assets and any other matters without you having to attend family court. If a mutual agreement isn’t possible, we can represent you at mediation or at the family law courts if litigation is required.
Divorce costs vary from family to family depending on your situation and whether you need additional services (such as settling other family law issues, appealing an application, or attending court). A standalone divorce application costs $1060 or $350 if either party is entitled to apply at a reduced rate. If you choose to engage a lawyer, there will be legal fees to pay on top of your application fee, the cost of which will vary depending on the lawyer’s experience, the services you require, and the price structure (such as fixed fee or hourly). At Carew Counsel, we offer competitive fixed fee rates for most divorce and separation cases and strive to reach a settlement without the need to attend court.
Deciding whether to hire a lawyer for a divorce in Australia is an important consideration that depends on various factors, including the complexity of your situation and your comfort level with legal processes. While it is not mandatory to have legal representation, enlisting a lawyer can provide significant advantages.
Understanding the legal framework
In Australia, the process for obtaining a divorce is governed by the Family Law Act 1975. The procedure can be straightforward if there are no disputes regarding children, property, or financial matters. For couples who can agree on these issues, it’s possible to file for divorce without legal assistance. The Federal Circuit and Family Court of Australia offers online resources that can guide individuals through the application process.
When to consider a lawyer
However, if your situation involves complexities—such as children, shared assets, or debts—hiring a lawyer can be invaluable. A lawyer can help you understand your rights and obligations, ensuring that your interests are protected. They can assist with negotiations and help draft legally binding agreements that cover child custody, visitation, and financial settlements.
Additionally, if your spouse is uncooperative or if there are allegations of family violence, abuse or coercive control, having a lawyer is crucial. They can provide guidance on how to navigate these sensitive issues and represent your interests in court if necessary.
Divorce is often an emotional and stressful experience. A lawyer can help you make informed decisions without becoming overwhelmed. Their expertise can bring clarity to the situation, making it easier to focus on rebuilding your life post-divorce.
Conclusion
Ultimately, while you can proceed without a lawyer in Australia, engaging legal representation can significantly ease the process, especially in complicated cases. Assess your specific circumstances and consider consulting a lawyer to ensure that your rights are fully protected during this challenging time.
To find out more about getting a divorce, or organising financial and parenting arrangements after separation, having an initial consultation with a lawyer specialised in family law can be invaluable. Carew Counsel offers fixed fee, no obligation initial consultations in person or online which can provide you with information and strategies about the next steps for you.
In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months, and there is no reasonable likelihood of reconciliation. During this time, you and your spouse may be living separately but under the same roof, as long as you have effectively separated your lives.
After the 12-month separation, you can file an Application for Divorce with the Federal Circuit Court of Australia. You can apply for divorce jointly with your spouse if you both agree on the terms of the divorce or solely.
In most cases, attending a court hearing is not required. If the application is straightforward and all legal requirements are met, the court may grant the divorce without a hearing.
If you have been married for less than a year, you can only apply for a divorce if you meet certain exceptions, such as attending counselling or receiving an exemption from the court.
The general timeframe for a divorce to be finalised is around 4 months, starting from when you lodge the divorce application to when the court issues a divorce order. If there are children’s matters or financial settlements to take into account, the timeframe is likely to be longer.
Formalising a separation does not necessarily require attending court in Australia. It is a personal decision whereby you and your spouse or de facto partner choose to no longer be in a relationship. However, for parenting orders or divorce applications, you will need to have a court formalise these.
