Divorce Lawyers in Box Hill, Melbourne
From our Box Hill office, our lawyers prepare joint and sole divorce applications and deal with the Federal Circuit and Family Court of Australia until the divorce order is made. A divorce needs 12 months of separation, and it does not divide property or decide parenting, so we also advise on your property settlement and your will.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm acting for people applying for a divorce, together or on their own, and for spouses served with a divorce application, with the principal overseeing every matter.
- The Court makes a divorce order when it is satisfied that you lived separately and apart for at least the 12 months immediately before filing, unless there is a reasonable likelihood of you getting back together.
- You can be separated under one roof, and one reconciliation of up to three months does not restart the 12 months, although the time together does not count.
- Where there are children of the marriage under 18, the divorce takes effect only once the Court is satisfied that proper arrangements have been made for them, or that circumstances justify it taking effect anyway.
Who we act for
When people call us about a divorce.
Most people who call us have been separated for a year or more and want the marriage formally ended. Some apply together, and others apply alone because their spouse will not sign or cannot be reached.
We also act for spouses served with a divorce application. A response disputing it, for example over the date you separated, must generally be filed and served within 28 days after service, although the Court can extend that time.
How we help
What we do in a divorce.
Joint applications
We check that you can apply, prepare the application, help you both sign it, file it and deal with the Court until the divorce order is made. A joint application does not have to be served.
Sole applications
Either spouse can apply alone, and the application must then be served on the other, by post with an acknowledgment form or by hand from anyone but you. We arrange service, prove it and attend the hearing if the Court requires it.
Less straightforward applications
We prepare the evidence the Court needs where you separated but stayed in the same home, ask the Court to allow service another way or dispense with it where your spouse cannot be found, and arrange translations of documents not in English.
Divorce, property and your will
A divorce taking effect starts the time for property and maintenance claims, so we advise on whether to settle property first. It also cancels any gift in your will to your former spouse and their appointment as executor, unless it appears you wanted them to stand, so we review your will too.
Time limits
The deadline a divorce starts.
A divorce order generally takes effect one month after it is made. From that day you generally have 12 months to start property settlement or spousal maintenance proceedings, and after that you need both spouses' consent or the court's permission, which is not guaranteed.
You do not have to be divorced to settle property. If your divorce has already taken effect and nothing has been formalised, call us now.
Your first call
What to bring to the first call.
Whatever you have to hand: your marriage certificate if you have it, the date you separated, any divorce application or letters from your spouse or their lawyer, and your questions. If you have little on paper, that is fine too. The first conversation is about understanding your situation, not testing your paperwork. We can speak by phone or video, or meet at our office at Suite 10, 1 Main Street, Box Hill, a short walk from Box Hill station, with parking at Box Hill Central.
What to expect
How a divorce application proceeds.
Fixed fees for a divorce application.
Our fixed fee for a divorce application is $990 for a joint application and $1,320 for a sole one, including GST. The joint fee covers checking that you can apply, preparing the application, helping you both sign it, filing it and dealing with the Court until the order is made, and assumes at least 12 months of separation without living under one roof. The sole fee adds arranging service, the affidavit proving it and attending the hearing if the Court requires it, and assumes your spouse can be served in Australia and does not oppose the divorce. The Court's own filing fee is separate. Where an assumption does not hold, or for anything our fees page does not list, such as a property or parenting dispute, we give you a written estimate before substantive work begins.
Good to know
Common questions about divorce.
Do we both have to agree to the divorce?
No. Either spouse can apply alone. If the Court is satisfied that you have been separated for at least 12 months, that there is no reasonable likelihood of you getting back together and that the application was properly served, it can make the order whether or not the other spouse wants the divorce.
Do I have to go to court for a divorce?
Generally not. If the applicant, or both applicants in a joint application, ask the Court to decide the application in their absence, nobody needs to attend unless the other spouse asks to or the Court directs otherwise. With children of the marriage under 18, the Court must first be satisfied that proper arrangements have been made for them.
Can I divorce in Australia if I married overseas?
Yes, if on the day the application is filed either of you is an Australian citizen, is domiciled in Australia, which broadly means living here and intending to make your home here indefinitely, or has ordinarily lived in Australia for the 12 months before that day.
When can I remarry?
Once the divorce order has taken effect, which is generally one month after it is made. The Court can shorten that period if special circumstances justify it, so if a wedding is booked, tell us on the first call.
How much does a divorce cost?
The Court charges a filing fee, and a reduced fee is available to concession card holders and people in financial hardship, although for a joint application both of you must qualify. Our own fee is fixed at $990 for a joint application and $1,320 for a sole one, including GST, and our fees page sets out what each covers.
Sources: Family Law Act 1975 (Cth), sections 4, 39, 44, 48 to 50, 55, 55A, 59 and 98A; Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), rules 2.17, 2.18, 2.28, 2.34, 2.35, 2.42 to 2.46, 15.06 and 15.15; Family Law (Fees) Regulations 2022 (Cth), sections 2.02, 2.04 and 2.06; Wills Act 1997 (Vic), section 14; Domicile Act 1982 (Cth), section 10.
This page reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
Speak with a divorce lawyer.
Tell us when you separated and whether your spouse will sign, and we will tell you which application fits and what to settle first.