Divorce Lawyers Melbourne

A no-fault divorce principle operates under the Australian family law. That means a person does not have to justify why the marriage ended. The only legal requirement for getting a divorce is that there has been ‘irretrievable breakdown’ of the marriage and there is no likelihood that the parties will get back together.

The granting of a divorce simply recognizes that the marriage has ended but does not solve issues concerning support, property distribution or arrangements for children.

You must meet certain criteria before applying for divorce. If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements are in place for them.

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Going all through a divorce or separation can be an extremely disturbing time for you. In adding to the normal matters to reflect in a divorce or separation there are possibly financial arrangements to be made, property settlement, tax issues to consider and of course. if you have kids with partner, there is complicated process of discussing child living agreements.

We will then provide you with an assessment of your family law situation. You may have doubts about the process; inquiries about what to do next and essentially you may not know who to get the proper advice from. We will give you good legal advice as to how to carry on having evaluated your matter.

How to apply for a Divorce

Divorce, or the separation of the legal marriage is a fairly uncomplicated process.

As we are blessed with a no-fault Family Law structure, all a divorced spouse needs to demonstrate in order to get a divorce order is that they have been separated from the other partner for at least 1 year.

This can be a bit more difficult to demonstrate if part of that phase of separation has occurred under the one roof top as further evidence of divorce will need to be provided.

Your ex-spouse will need to be directly assisted with your Application for Divorce and supporting certification and, if you have children under 18 years of age, look at the divorce hearing is necessary, except it is a joint application.

If you are legally characterized, then your best divorce lawyers appears at the divorce trial on your behalf.

Some people decide to apply for the divorce themselves. If you prefer to leave the paperwork (and attending the divorce hearing) to a specialist, we can take care of all facets of applying for and acquiring a separation for you.

Divorce & property settlements

It is important that from the date the divorce order is put up, the couple have 12 months to get an submission of application to the court for a property settlement (if the separation of the assets has not previously been decided).

If you need assistance with this, feel free to contact our experienced property settlement lawyers.

Relevant information:

Dividing assets in divorce
Split superannuation after separation
Approval orders

FAQ:

Is there something else I should do prior to I get divorced?

Under the Family Law Act 1975 partners to a marriage have up to 12 months from the date the divorce turns into final to bring an application to the Family Law court for a property settlement.

When is divorce final?

Divorce is last one month and one day after the Court has approved the divorce order. The divorce request will require to have brought effect before you marry again.

For how long I need to be separated before requesting for divorce?

You must be divorced for at least 12 months before applying for divorce.

I have been married for less than two years, does this matter?

Yes, it Matters. The Court makes that separated couples go to counselling if they have been get married for less than 2 years. You can, in restricted circumstances, apply for an exclusion from the obligation to attend counselling, as well as for instance, where there has come about domestic violence, or one of the parties has forever moved abroad.

If we separate, do we lawfully have to get a divorce?

You do not have to get a divorce. The only time that divorce is required is if you plan to marry again. It is advised that you talk with a lawyer to manage your financial matters.

After we separate, when can I remarry? Is there a waiting period?

You must be separated for at least 12 months before applying for divorce. You cannot remarry without being divorced from a prior spouse.

Do I need to get a lawyer in order to get a Divorce?

While it is recommended, it is not a legal requirement. If you have children under the age of 18 then you must attend the divorce hearing. If you have a lawyer representing, you then your lawyer will attend the divorce hearing for you.

Can I get a divorce in Australia if I was married overseas?

Foreign marriages are accepted in Australia. Though, there are jurisdictional constraints for the court to get a divorce request as well as if the individual requesting for the divorce is an Australian Citizen or PR intending to live in Australia forever. Speak to a lawyer to make sure that these conditions are met as well as what official interpreted documents must be categorized in the court.

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Where can I find affordable divorce lawyers near me?

Looking for affordable divorce lawyers near me? Must contact Ghothane Family Lawyers.

How much does a divorce lawyer cost in Australia?

The average cost of a hiring divorce lawyer varies from case to case. It can also vary on whether the divorce lawyer is assisting you manage your property settlement, child custody and so on, or how difficult the divorce is. Contact Ghothane Lawyers for details of how we charge.

We Support, interpretation, and guidance for your divorce

Divorce is rather that occurs to many married couples but seeing this doesn’t make what you are getting all through any simpler. Having a good divorce lawyer Melbourne on your side will assist ease you out of this change and let you move forward with pride.

We understand at Ghothane Lawyers that family law matters can touch upon several aspects of law. Because we have an experienced lawyers covering all your relevant legal needs.

Divorce Lawyer