Divorce Lawyers

Dealing with the end of a marriage is a difficult process. It is even worse if you and your spouse are unable to reach an agreement on how to divide up your assets or arrange the custody of your children.

In that case, you may need to take legal action, which can be even more stressful if you’re not familiar with the family law system. And it’s easy for couples who are going through divorce proceedings in Melbourne to get lost in all the paperwork and legal jargon involved.

But the divorce lawyers at our law firm are here for you every step along the way, providing expertise, compassionate advice, and support. All the while, we will help you navigate through this hard time so that you can come through even stronger than before. 

Our team of leading family lawyers has helped hundreds of families obtain favorable outcomes when dealing with child custody disputes, property settlement issues, spousal support claims, and other complex matters related to family law – both in and out of the court.

Our Melbourne family lawyers can help you make sense of all the details that go into a divorce case and guide you through each step of the process until we reach an agreement that meets your needs. We will provide compassionate support throughout this challenging time so that you can focus on moving forward with confidence and peace of mind.

We understand how emotional this time can be for our clients and their families. At our family law firm, we strive to make the process as painless as possible by providing expertise and sound advice based on our extensive knowledge of the law.

When you call or contact us, we will provide you with compassionate counsel that is tailored to your specific needs, be they intervention orders, spousal maintenance claims, children’s matters, or other family law matters pertaining to divorce.

Family Lawyers - Divorce in Melbourne

Divorce formally ends a marriage and, according to family law, remarrying is possible once a divorce order is finalized.

An irretrievably broken marriage is the only requirement for filing for divorce. This requirement can be demonstrated by evidence that the parties have been separated for 12 months without anything to indicate they will get back together.

You do not need to get your partner’s approval for the separation, but you must make them aware that you think the marriage is over. Family lawyers can assist in this process, ensuring your former partner is served with the appropriate notification.

When the marriage breaks down, the family law court of Australia doesn’t look at whose fault it was. Nor does decide who is to blame for a failed marriage.

In a divorce case, you must arrange to have the other party served with the divorce papers. Serving your ex-partner with divorce paperwork lets them know about the divorce proceedings.

You are not permitted to serve your former partner in person, but you are allowed to do so by mail. Also, the family court system has special rules regarding the service of documents and forms in order to prove that the other party received the papers.

Because of the complexity of these issues, legal representation by family law specialists is highly recommended.

It may take several months from when you file for divorce to when you receive your divorce decree. This time may be even longer if your divorce application has problems and your hearing is delayed.

The court will issue a divorce order at the hearing. The divorce will not become final until one month after your hearing, when the court finalizes your divorce certificate.

Separation in Family Law

Before applying for a divorce, family law requires that you must have been separated for a minimum of 12 months.

It is possible to get back together once (for three months) during the 12-month separation without starting over. For instance, if you were separated for four months, then reunited for almost three months, then separated again for eight months, it would still count as your 12-month separation.

But, if you got back together for 3 ½ months, then you would only have been considered to be separated for the most recent eight months. It is complicated, but family lawyers are trained to help you through the thorniest of issues.

Separated people who remain in the same residence but lead separate lives may file for divorce.

In order to determine whether you separated under the same roof, family law courts take into account factors such as the following:

  • Sleeping together
  • Having sex or engaging in sexual activity
  • Sharing meals and household duties (in a different way than when you were married)
  • Shared accounts and money
  • You are considered separated by your friends and family

 

You will need to prepare supporting affidavits if this describes your situation and you want a divorce. A family lawyer can help you do this in a way that is acceptable to the court.

Of course, family law states that until your divorce order is finalized, you cannot remarry.

That means you must make sure that your wedding date is not too close to the expected date on which your divorce will become final. If there is an unexpected issue, you won’t be able to proceed with your wedding until the problem has been resolved and you are officially divorced.

Again, our lawyers are best suited to provide advice for their clients about the complex nature of the law.

Call us for a free call with our expert legal team!

Divorce Lawyers in Melbourne

Divorce Lawyers Melbourne

The most important thing for you to realize is that divorce does not resolve property settlements or children’s matters. It simply terminates the legal ties between you and your former spouse.

Completely aside from the divorce, property and child agreements can and should be made with the help of family lawyers.

Once a divorce order has been signed, family law states your property will need to be divided within a year.

In case the two of you can’t come to an agreement about property or other family law matters, you must file a separate application within 12 months of the divorce date. Otherwise, you will need to ask the court for permission to apply. 

In the event that parents cannot agree about the arrangements for children, you can try to resolve the disagreement through family dispute resolution or mediation. However, you may find yourself headed to court if you can’t reach a settlement. 

In all of these things, you are best served by having accredited family law specialists on your side providing legal representation. Family lawyers can help you negotiate agreements or resolve disputes about property or children before going to court.

They can also provide legal advice about child custody arrangements, divorce settlements, child support, spousal maintenance, and all other aspects of family law. Family lawyers, or divorce lawyers, provide services for children’s matters, property arrangements, and other aspects of Australian family law.

Melbourne Family Lawyers

Divorce is a hard process. It can be emotional, stressful, and time-consuming. It is never easy, but it doesn’t have to be a nightmare.

Our family law firm knows that you need someone to help guide you through this difficult time in your life. That’s why we offer free consultations with our experienced divorce lawyers. They will take the time to listen to your concerns before providing sound advice based on their extensive knowledge of the law.

Divorce Lawyers Melbourne, Australia

You deserve a team of divorce lawyers who understand you and what you want for your future so that you can feel confident in your decisions. Our family lawyers will help you through every step of the divorce process, from filing for divorce to finalizing child support arrangements, property settlements, and financial agreements. You deserve an experienced lawyer who understands how important this is to you –  and our accredited family law specialists know this better than anyone else.

We recognize that every case is different, so we offer various services tailored to your needs. No matter what family law matters arise during your case, our family lawyers can help. Whether you need a financial agreement or advice about the best interests of the children, our solicitors are here to provide expertise and representation for you.

We are the lawyers Melbourne trusts to understand all aspects of family law (child, financial, and divorce) and you should too. You and your children deserve to have the leading law firm in Melbourne take your case.

Contact us today for a free consultation. We can be reached with a phone call!

Scroll to Top