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
- 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
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.
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.
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
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
