Divorce Lawyers Melbourne

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.

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.

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.

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.

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.

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.

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.