Divorce Lawyers Melbourne

Divorce Lawyers Melbourne

Following separation, you can make an application for divorce which allows you to close that chapter of your life and move on to the next.

Once you’ve been living apart for 12 months or more, you can finalise the separation by getting a divorce. Even if you have been living separately under the same roof, our divorce lawyers can help you satisfy the requirements for obtaining a divorce order.

Our Services Include:

  • Advising you on the minimum requirements for gaining a divorce
  • Preparing required documents for the court including parenting orders, affidavits and witness statements
  • Serving your spouse with the divorce application, if it’s not a joint application
  • Responding to or opposing a divorce application
  • Representing you in Court

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    How Can a Family Law Firm Help?

    Sage Family Lawyers have completed a range of divorce proceedings from simple and amicable to complex, opposed cases and everything in between.

    The divorce process can be complicated and it’s best to seek specialist advice from an experienced divorce lawyer. It’s the final step in what may have been a long and difficult stage of your life. You’ll want an experienced family lawyer to ensure your divorce application is filed quickly and cost-effectively so you can celebrate and move on with your life.

    If you have any queries about filing for divorce or would like further information on your family law dispute, please contact our Melbourne family lawyers on (03) 9070 9839 or info@sagefamilylawyers.com.au for a confidential, obligation-free chat.

    Sage Family Lawyer is a family law firm in Melbourne, centrally located at Level 4, 533 Little Lonsdale Street, Melbourne VIC 3000.

    Divorce vs Separation

    When it comes to family law matters, divorce and separation are legally similar. Separation occurs when one party communicates to the other party that they want to end the relationship. This applies to both de facto relationships and married relationships.

    For a couple to get divorced they must first be separated for a period of 12 months. Parties can remain separated but don’t necessarily have to get divorced.

    If you are considering separation vs divorce, our Melbourne divorce lawyers can help you to understand the entire process and make proper arrangements in the instance of a relationship breakdown.

    Frequently Asked Questions

    What Are the First Steps When Filing for Divorce?

    Before you file an application, you will need to consider the following:

    • Is only one person filing or are you both filing for divorce? If there are applications by both parties then you will be able to resolve the process quickly and avoid a court appearance.
    • Are there children under 18 involved? If only one parent is filing for divorce, then the person applying for divorce or a representative will need to attend court. The family court will not grant a divorce until proper arrangements have been made. It is best to seek legal advice from a specialist divorce lawyer if child support and property agreements need to be in place.
    • Everyone will have a different set of circumstances and the first step before you file for divorce is to seek advice from a specialist divorce lawyer.

    The application for Divorce needs to be made to the Federal Circuit Court of Australia. Our accredited family law specialists can help you with the entire process.

    How Long Does a Divorce Take To Settle After Filing an Application?

    The time it takes for divorce will depend on your current circumstances. A divorce order can be six weeks or four to six months. The court application is presented to the courts and you will need to make sure you have a copy of your marriage certificate available when filing for a divorce.

    A divorce lawyer can help fast track the process, from helping you to apply for a divorce to representing you in family law court, if required.

    Do I Need A Reason To Get a Divorce?

    Australian law uses the principle of ‘no fault’ divorce, this means the only ground needed for divorce is that the relationship has broken down ‘irretrievably’. To prove this, both spouses must be separated for 12 months with no likelihood of getting back together.

    Can My Spouse Refuse a Divorce?

    In most instances, both parties agree to divorce, however, in some cases only one party may want a divorce and the other refuses. Under the Family Law Act, you cannot refuse divorce.

    If you apply for a divorce on your own, you must arrange for the other party to be ‘served’ with the divorce application. If your ex-spouse is avoiding being served, it’s best to consult with a specialist divorce lawyer for advice on what you can do.

    What Happens If There are Children of the Marriage?

    Divorce is a difficult process, especially when children are involved. If the children are under 18, there will need to be arrangements in place for their day-to-day care and maintenance prior for applying for a divorce. Arrangements will also need to be made for an adult child who is financially dependent due to a disability or for further education.

    A family lawyer can help formalise parenting arrangements, ensuring everything is documented to reduce conflict in the future. Our Melbourne family lawyers can help you through the process and make the situation as stress-free as possible.

    Do I Have to Get Divorced First Before I Can Get a Property Settlement?

    No, you can reach a financial settlement agreement any time after separation, you don’t have to wait until the divorce is finalised. However, property matters must be settled within 12 months of the divorce order taking effect.

    A property settlement can be done via agreement or through mediation and the Family Law Courts. Our property settlement lawyers can help you navigate this process and ensure a successful and fair outcome for your family law dispute.

    Can I Get A Divorce After Two Years Of Marriage?

    If you have been married for less than two years, the Court of Australia requires both parties to attend counselling. If the marriage cannot be reconciled, then you will need to file a counselling certificate or ask the Court for permission due to special circumstances.

    Can I Receive Financial Support Following a Divorce?

    Under the Family Law Act, a person has a responsibility to financially support their spouse in the instance that they cannot meet their own reasonable expenses from their personal income or assets. This is referred to as spousal maintenance.

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