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Melbourne’s Best Divorce Lawyers

Advocating for your rights and a smoother future

At Nevett Ford, we understand that this chapter of your life might be challenging and emotionally charged, which is why our team of experienced family law divorce lawyers is here to provide you with unwavering support and strategic guidance.

We specialise in assisting with applications for divorce or responding to applications for divorce. Our divorce lawyers also deal with clients seeking to annul their marriage and we are committed to helping you achieve a resolution that ensures your rights, emotional well-being, and future stability.

Our approach is centred on compassion, clear communication, and a deep commitment to achieving the best possible outcome for you. As you take steps towards a new beginning, trust divorce lawyers in Melbourne to provide you with the guidance, advocacy, and understanding you deserve.

We are ready to stand by your side and guide you through this transition with empathy, expertise, and a focus on a brighter tomorrow. Contact our family divorce lawyers today to see how we can help you.

Understanding the Divorce Process

  1. Satisfying Grounds for Divorce

In Australia, either you or your spouse must consider Australia your permanent home and hold Australian citizenship or have resided in Australia for 12 months leading up to the divorce application.

You must also demonstrate that you and your spouse have been separated and lived apart for at least 12 months, and that there is no reasonable likelihood of reconciliation.

2. Starting the Divorce Application

To initiate the divorce process, you must file an application for divorce with the Federal Circuit Court of Australia online through the Commonwealth Courts Portal. This application can be filed jointly by both parties and individually.

 3. Service of Documents

After applying for divorce, the other party must be served with the divorce papers. This can be done by mail or in person, and proof of service must be provided to the court.

 4. Waiting Period

Once the application has been served, there is a mandatory waiting period of at least one month to allow both parties to consider reconciliation if desired.

 5. Divorce Hearing

If the divorce is uncontested and both parties agree to the terms, a divorce hearing may not be necessary. However, if there are disputes regarding custody, property division, or other matters, a court hearing may be required.

 6. Finalising the Divorce

After the waiting period has elapsed, and any necessary hearings have been conducted, the court will issue a divorce order one month and one day after the hearing. This order legally dissolves the marriage but does not address property division or parental responsibility.

Navigating Post-Divorce Matters

Divorce is not just the end of a chapter; it is also the beginning of a new one. As you transition into life after divorce, there are important matters to consider post-divorce that may require legal support in navigating separate applications and negotiations, such as:

1. Financial Settlements and Asset Management

Property Division: Finalising the division of assets and liabilities is crucial to ensure a fair distribution of property and financial assets post-divorce.

Debt Resolution: Resolving outstanding debts acquired during the marriage is essential for establishing financial independence post-divorce.

2. Parenting Arrangements

Parental Responsibility: Establishing clear and sustainable parenting arrangements, including visitation schedules and decision-making responsibilities, is essential for promoting the well-being of your children post-divorce.

Child Support: Ensuring financial support for your children is a priority after divorce. This includes calculating child support obligations and applying for support orders to secure the financial stability of your family.

3. Alimony and Spousal Support

Spousal Maintenance: After divorce, you must check if you are entitled to spousal support or alimony and negotiate fair and equitable maintenance arrangements to ensure that your needs are met post-divorce.

4. Modification of Court Orders

Changing Circumstances: Life circumstances can change post-divorce, necessitating modifications to court orders. This could include adjustments to parenting arrangements, support orders, or other terms of your divorce decree.

    Our Services

    Property Settlement

    We strive to fairly distribute marital assets and debts according to Australian law. This could include your home, vehicles, investments, and retirement accounts.

    Parenting Arrangements

    We prioritise your children’s best interests and work towards custody and visitation arrangements that promote their well-being. We will help you navigate child support calculations and enforcement as well.

    Spousal Support

    Whether you are seeking alimony or defending against spousal support claims, our divorce lawyers will assess your finances, and help you negotiate spousal support that is fair.

    Domestic Violence Protection

    We offer help to those experiencing domestic violence or seeking protection orders by providing compassionate support and legal representation to ensure your safety and well-being.

    Prenups & Post-Nuptial Agreements

    Our divorce lawyers will run a validity and enforceability review and renegotiate or challenge a prenup or post-nuptial agreement to protect your interests.

    Mediation

    Our divorce lawyers will advise you on whether mediation is suitable and guide you through the process. They will also ensure that you are aware of your legal rights and options before the mediation.

    Frequently Asked Questions

    How long does the divorce process typically take?

    In Australia, the minimum time between filing a divorce application and the finalisation of the divorce is generally around three to four months. However, complexities such as property disputes or parenting arrangements while not preventing or delaying a divorce can extend the overall process.

    Can I apply for a divorce if my spouse is overseas?

    Yes, it is possible to apply for a divorce in Australia even if your spouse is living overseas. The challenge is in locating them and proving to the Court that you have brought the divorce to their attention.

    Are there any differences between LGBTQ divorces and heterosexual divorces?

    The amended Marriage Act gives LGBTQ marriages the same legal status as heterosexual marriages. Thus, same-sex divorce proceedings are the same as heterosexual divorces.

    Do I need to go to court?

    If you have filed a sole application or have children under 18, you may need to attend court (in person or virtually) to finalise the divorce. Otherwise, the application will be dealt with by a registrar in chambers without you.

    What factors are considered in divorce property settlements?

    Property settlements for separating or divorced couples consider various factors, including the financial contributions of each party, non-financial contributions (such as homemaking and child-rearing), future needs, and the overall value of the assets and liabilities involved. Our experienced divorce lawyers in Melbourne can provide detailed guidance tailored to your specific situation.

    What rights do I have to financial support after a divorce?

    Spousal maintenance may be awarded based on factors such as financial need, the capacity of the paying spouse to provide support, and any special circumstances. Our family law divorce lawyers can assess your situation and advise on spousal maintenance entitlements.

    What should I do if my ex-partner is not complying with court orders?

    If your ex-partner is not complying with court orders, it is crucial to seek legal advice promptly. Our team can assist in taking the necessary steps to enforce court orders and protect your rights.

    We have considerable expertise in helping locate people domestically or internationally to prove to the Court that the documents have been sent to them. Our family divorce lawyers are also able to satisfy the Court that the person knows about your divorce application.

    Have More Questions?

    Our Services

    Separation and Divorce

    De Facto Relationships

    Marriage Annulment

    Property Settlements

    Protection of Assets

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    Binding Financial Agreements (BFA)

    Intervention Orders (Family Violence)

    Why Choose Us

    Decades of Experience

    Our divorce law firm has some of the best divorce lawyers in Melbourne. We have decades of experience in handling divorce cases, separation, and marriage annulment with hundreds advised upon each year.

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    Personalised Service

    We know that every divorce case is unique, which is why we tailor our strategies to fit your individual needs and circumstances.

    High Success Rate

    Our divorce mediation lawyers strive to provide a positive resolution and outcome for all parties involved.

    Standard Of Care

    At Nevett Ford, we believe in more than just legal representation; we believe in building a partnership with our clients that results in a strong and meaningful bond.

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    Fast Response

    Our marriage divorce lawyers pride ourselves on being accessible and responsive to calls and emails.

    Initial Fixed Cost Consultations

    We provide transparent and affordable fees, so clients know what the process will look like ahead of time.

    Testimonials

    Professionalism, Hard Work and Dedication

    “The last 3 years I been liaising with Nevett Ford and I can finally say it’s all over I could have hoped for. To Richard Hamilton and the entire team at Nevett Ford I can’t thank you enough for your professionalism, hard work and dedication.”

     

    Tarun

    Professionalism, Quality, Value

    “Firstly, I can’t begin to thank you enough Nevett ford lawyers, you have all done such a great job with my case, I personally want to thank Stacey and Richard Hamilton for all the hard work that you have done. You have changed my life and every dollar spent was well worth it.  You are very professional, responsive and compassionate. From the first day when I walked in, Richard gave me complete confidence unlike previous lawyers and with this, he was able to go above and beyond to help me and get fantastic results. Thank you Richard, and thank you to your whole team. I will definitely recommend you to everyone who needs your services.”

    Branka

    Mlam Camou (MlCam)
    Mlam Camou (MlCam)
    2023-08-31
    I will recommend definitely this services to anyone who wants a clear and positive outcome for his immigration case. Professionalism and experience are also 2 very important points to consider when you decide Nevett ford to represent you. I am satisfy with their work to be honest.Thank you Nevett Ford Lawyers for your excellent work.
    Lisa-Marie Hinton
    Lisa-Marie Hinton
    2023-08-31
    My visa application was the most challenging time of my life. It was so much pressure, lots of tears and emotions. Ryan and the wonderful Team guided our family and secured my husband and children Citizenship and my PR. I think Ryan has a beautiful heart and is very kind. He listened to me when I was at my wits-end and could only cry on the phone. I would choose Ryan again. It has been a difficult journey but he never gave up on helping my family in the fight of staying together. Forever grateful. The Hintons xxx
    Vivien Karabinas
    Vivien Karabinas
    2023-08-31
    The expertise and service received by lawyer Sophie Stickland was efficient, caring and reasonably priced. I would highly recommend her. Thank you.
    Jervin Paul Dhas
    Jervin Paul Dhas
    2023-08-30
    Had the pleasure of working with Lili for my PR application and I had a very good experience. She was very responsive and guided me and provided updates in every step and the entire process was smooth and quick. Highly recommend their services and one of the best. Thanks again Team
    Tom Simpson
    Tom Simpson
    2023-08-29
    During the period between 2020 - 2023 i was applying for a permanent partner visa and hired Ryan to assist me.I had spoke to 7 other immigration lawyers prior to Ryan, and the general feedback i would get back was negative (installing doubt into my mind about the likelihood of obtaining a visa in my circumstance). Ryan was the only lawyer who had a positive attitude and was optimistic about my situation and gave me a lot of free advice about what i could do even before i hired him, this was a major green flag to me so i made the decision to hire him.I couldn't of asked for a better lawyer, i would highly recommended his services to anyone. Good communication, fast responses, never hesitant to answer any queries, pleasant to speak to and most importantly a good lawyer that gets the job done.I recently obtained my PR after a 3 year process and I cannot thank Ryan (and the team) enough for their service.
    Hieronim Wiatrowski
    Hieronim Wiatrowski
    2023-08-23
    Lili Sibic was ery professional and helpful. Highly recommended ????
    Jessica Liu
    Jessica Liu
    2023-08-21
    Awesome and extremely professional and patient. Highly recommended!!!
    Antonia
    Antonia
    2023-08-17
    Experienced, organised and friendly, Ryan is always helpful and reassuring during the entire visa application process. The entire duration has made him more than just a lawyer but a friend.
    Hiro Kamisugi
    Hiro Kamisugi
    2023-08-16
    Nathan and Jean as team helped me for my first home purchase. Even though I knew nothing of this matter, they made my whole journey nice and comfortable. Everyone around myself tells me that purchasing home is a very stressful journey, but I was totally fine with their help. Don’t think I can ever ask anyone else for my next home in the future!

    Nevett Ford Is A Member Of The Following:

    Who You’ll Work With

    Richard Hamilton
    Director
    Jenny Christofidis
    Special Counsel
    Erin Trantino
    Lawyer
    Maggie Wang
    Lawyer
    Catalano Clay
    Lawyer
    Stacey Raphael
    Lawyer
    Gurnoor Klair
    Administrative Assistant

      Contact us

      *If you are overseas, please call our office on +61 3 9614 7111.


      Nevett Ford Melbourne Pty Ltd

      ABN: 80 144 697 790

      Level 16, South Tower, Rialto Building, 525 Collins Street
      Melbourne, VIC 3000