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Your Trusted Divorce Lawyers in Melbourne

Providing the expertise and empathy you need

Divorce is a profound life event that affects multiple people and spans many aspects of their lives. It can be stressful and difficult due to deep emotional and financial investment, especially if children are involved.

As leading Melbourne family law divorce lawyers, we at Nevett Ford are well-versed in the challenges of divorce and have decades of experience, as well as a high success rate. We are here to take the stress away by supporting you through the divorce process and ensuring that your interests are looked after.

We are experts not only in conventional divorce proceedings but also in issues related to same-sex marriages, civil partnerships and LGBTQ+ relationships. Our goal is to provide inclusive and compassionate legal support for all individuals, regardless of their sexual orientation or gender identity.

The Divorce Process in Australia

Eligibility
You and/or your spouse must consider Australia your permanent home and either hold Australian citizenship or reside in/have maintained residency in Australia for 12 months before submitting the divorce application.

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

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Initiating the Application
Once eligibility is established, you can apply for divorce jointly or individually with the Federal Circuit Court of Australia. Applications are filed online through the Commonwealth Courts Portal.

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Service of Documents
After filing the application, 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.

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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.

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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.

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Finalisation of Divorce
If the court is satisfied with the irretrievable breakdown of the marriage, a divorce order will be granted one month and one day after the hearing. This order legally dissolves the marriage but does not address property division or parental responsibility.

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Post-Divorce Matters
Additional matters such as property settlement, spousal maintenance, and parenting arrangements require separate applications and negotiations. Mediation can be an option to reach agreements outside of court.

The Role of a Divorce Lawyer

1. Comprehensive Document Review
Experienced divorce lawyers meticulously review all legal documentation related to your divorce, ensuring accuracy and completeness. From marriage certificates to financial records, they leave no stone unturned in protecting your interests.

2. Strategic Legal Counsel
Acting as your staunch advocate, divorce lawyers provide strategic legal counsel tailored to your unique circumstances. They offer a comprehensive understanding of the law and can explain the legal implications of your situation, empowering you to make informed decisions at every step.

3. Negotiation and Mediation
Many divorces can be resolved amicably through negotiation or mediation. Skilled divorce lawyers work tirelessly to reach fair and favourable outcomes on issues such as property division, parental responsibility, and spousal support.

4. Litigation Representation
Should your case go to court, a divorce lawyer will represent you professionally and ensure your voice is heard by the judge. Their experience with courtroom proceedings is invaluable in protecting your interests, and ensuring your voice is heard.

5. Post-Divorce Modifications
Life circumstances can change after divorce. The best divorce lawyers in Melbourne will also assist clients in modifying existing divorce orders to reflect new realities such as changes in income, employment, or living arrangements.

Comprehensive Divorce Lawyer Services

Property Settlement

Divorce lawyers ensure a fair and equitable division of marital assets and debts according to Australian law. This may include your home, vehicles, investments, and retirement accounts.

Parenting Arrangements

Prioritising the best interests of your children, divorce lawyers advocate for custody and visitation arrangements that promote their well-being. They will also guide you through child support calculations and enforcement.

Spousal Support

Whether you are seeking alimony or defending against spousal support claims, a divorce lawyer will assess your financial circumstances and negotiate a spousal support arrangement, if applicable, that reflects your needs and contributions to the marriage.

Domestic Violence Protection

If you are facing domestic violence or seeking protection orders, divorce lawyers can help by providing compassionate support and legal representation to ensure your safety and well-being.

Prenups & Post-Nuptial Agreements

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

Mediation

A divorce lawyer will advise you on whether mediation is suitable for your case and guide you through the process. They will also make sure you are aware of your rights and legal options before the mediation.

Frequently Asked Questions

What issues are addressed in a divorce?

Divorce involves the dissolution of marital ties and the ability to remarry. Separate issues that arise around a divorce include various issues such as property division, parental responsibility, spousal support, and more.

What are the grounds for divorce in Australia?

Australia operates under a “no-fault” divorce system, meaning that couples can seek a divorce without assigning blame to either party. The only ground for divorce is the irretrievable breakdown of the marriage, which can be evidenced by a period of separation of 12 months.

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 best 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)

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.


    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

    Nevett Ford Melbourne Pty Ltd

    ABN: 80 144 697 790

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