Divorce Lawyers in Balwyn
Straightforward help with your divorce application
A divorce formally ends a marriage. Grice Legal can confirm whether you are eligible, prepare and file your application with the Federal Circuit and Family Court of Australia, and arrange service on your spouse where required. We will also explain how divorce affects the time limit for property claims and your estate planning, so nothing important is overlooked.
How we can help with your divorce
We confirm that you meet the requirements to apply, including the separation period, and identify any additional evidence that may be needed.
Eligibility check
For sole applications, we arrange service and the proof of service the court needs, including when your spouse is overseas or difficult to locate.
Service on your spouse
We advise whether a sole or joint application suits your circumstances and prepare the application and supporting documents.
Sole or joint applications
If you have children under 18, we help you explain the current arrangements for their care so the court can be satisfied before granting the divorce.
Children under 18
If you separated but continued living in the same home, we prepare the affidavit evidence the court generally requires.
Separation under one roof
We explain how divorce affects property settlement time limits, your Will and other estate planning, and what to do next.
Related advice
Most divorce applications follow these steps, although the timing depends on the court and your circumstances.
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Step 1 – Confirm eligibility
We check your separation date, citizenship or residence and any other requirements, and explain any issues that may affect your application.
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Step 2 – Gather documents
We help you collect what is needed, such as your marriage certificate, proof of identity, and any affidavit evidence.
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Step 3 – Prepare and file
We prepare the application and file it electronically with the court. The court then allocates a hearing date.
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Step 4 – Serve the application
For a sole application, we arrange service on your spouse within the required time and prepare proof of service for the court.
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Step 5 – Hearing and divorce order
We will let you know whether you need to attend the hearing. If the court grants the divorce, the order generally takes effect one month and one day later.
Divorce Application Fees
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Simple
An uncontested application, either sole or joint, where there are no children under 18 years.
$1,500 inc GST
plus Court filing fee and service costs
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Moderate
Uncontested application either sole or joint where there are children under 18 years.
$2,000 inc GST
plus Court filing fee and services costs
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Complex
Applications that are contested, where you have been separated under one roof, married for less than two years or have other complexities.
$2,500 inc GST
plus Court filing fee and service costs
Divorce applications for clients in Boroondara and beyond
Divorce applications are filed electronically, so you don't need to go to a court building to begin the process. Many clients still prefer to discuss their situation in person. Our Balwyn office is convenient for clients across Boroondara and eastern Melbourne, and we also meet by telephone or video.
Why Clients Trust Grice Legal
Grice Legal has been based in Balwyn since 1974. We are a boutique firm advising on family law, property and conveyancing, and wills, estates and structures, with a personal, senior-led approach.
Our Whitehorse Road office in Balwyn has served clients across Boroondara and eastern Melbourne for more than 50 years.
Local since 1974
You will know who is looking after your matter and can speak with them directly when questions arise.
Direct access to your lawyer
Conferences are available in person at our Balwyn office, by telephone or by video.
Meet in the way that suits you
Plain-English, practical advice
We explain your options, the risks and the next steps clearly, so you can make informed decisions.
We discuss the likely costs at the start and let you know if the estimate changes.
Open about costs
From Our Clients
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"Nicholas was a patient and a very good listener. He understood my concerns and gave advice accordingly. I feel that I am in good hands."
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"After my appointment with Rachael I am confident that I now have the right person handle my legal issues."
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"Our initial appointment certainly met and exceeded expectations. It was extremely informative and we received the advice we needed. Thank you!"
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"Anna was very professional, friendly and very helpful"
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![Five maroon five-pointed stars in a row]()
"Rachael gives clear, informed goals. She shows understanding and empathy for your particular needs and sets outs steps to achieve them."
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![Five red stars arranged in a horizontal row.]()
"Nicholas provided me with excellent, timely, professional service and I am confident he will continue to do so should I require it."
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![Five maroon-colored stars in a row]()
"Anna was just a pleasure to have working for us. She was always clear and thorough, advocating for us and advising us along the way of buying our new house. We would totally recommend her and her service."
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"I found Grice Legal to be extremely helpful and efficient with their advice and prompt with all the required paperwork in completing my will requirement, veery approachable staff. I can fully recommend their services"
Divorce
FAQs
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You must have been separated for at least 12 months, with no reasonable likelihood of getting back together. At least one spouse must also be an Australian citizen, regard Australia as their permanent home, or ordinarily live in Australia and have done so for 12 months before the application is filed.
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Yes. Time separated under one roof can count towards the 12 months, but the court will generally require extra evidence, usually affidavits explaining how the relationship changed. Evidence from a friend or family member may also be needed.
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Generally, if you have been married for less than two years, you must attend counselling about the possibility of reconciliation and file a certificate, or obtain the court's permission to proceed without one. We can advise on what applies in your situation.
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A joint application is signed by both spouses and does not need to be served. A sole application can be made by one spouse but must be served on the other. A joint application is often simpler where both of you agree, but either option results in the same divorce order.
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It depends on the type of application and whether there are children under 18. Attendance is often not required for joint applications. If you file a sole application and there is a child of the marriage under 18, you are generally required to attend, which is usually by telephone or video. We will confirm the requirements before the hearing.
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Where there is a child of the marriage under 18, the court must be satisfied that proper arrangements are in place for the child's care, welfare and development before granting a divorce. Formal parenting orders are not required, but the application must describe the current arrangements.
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A divorce order generally takes effect one month and one day after it is made. You cannot remarry until it takes effect. The court will make the divorce order available once it has taken effect.
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No. A divorce only ends the marriage. Property, superannuation and parenting arrangements are separate matters. The time limit to apply to the court for a property settlement generally runs for 12 months from the date the divorce takes effect, so obtain advice about property before or soon after applying.
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In Victoria, a divorce generally revokes gifts to, and appointments of, a former spouse in your Will, unless the Will shows a contrary intention. The rest of the Will remains. Divorce does not change superannuation nominations or jointly owned property, so your estate planning should be reviewed after separation, not only after divorce.
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If you have made genuine efforts to locate your spouse without success, the court may allow service by another method or dispense with service. You will need to show the steps you have taken. We can advise on the evidence required.