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.
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.
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.
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.
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.
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.
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.
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Who You’ll Work With
Richard Hamilton
Director
Jenny Christofidis
Special Counsel
Erin Trantino
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Maggie Wang
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Catalano Clay
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Stacey Raphael
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