We regularly assist clients making applications for divorce, or responding to applications for divorce. We also deal with clients seeking to annul their marriage and advise about the best way to approach these issues, keeping in mind the consequences of a nullity, a divorce, and impact this may have in relation to migration issues you may face.
The divorce process in Australia is on its face simple, but can present some complexities that make it confusing. Twelve months of separation are required to obtain a divorce, but you cannot sign your application until those twelve months have passed. You may find that your spouse does not agree on a date of separation, and there may be issues about your entitlement to have a divorce in Australia. International marriages can usually be divorced in Australia, but it is worthwhile seeking advice for your particular circumstances.
A challenging part of a divorce can often be finding your spouse and proving to a Court that documents have been sent to them – we have considerable expertise in assisting to locate people domestically or internationally, or satisfying a Court that the person knows about your divorce application.
Keep in mind also that property settlement and maintenance are separate matters where we can assist you both before and after your divorce.
Contact our experts now to discuss your situation and how we can help you.
OUR FAMILY AND RELATIONSHIPS TEAM
Richard Hamilton
Erin Trantino
Stacey Raphael
Topics We’ve Written About
Divorce – Frequently Asked Questions
Many legal commentators have noted the spike in Australian couples seeking Divorce since the commencement of the COVID-19 pandemic. It is suspected that extended lockdown periods have either forced couples to be apart from each other or spend 24/7 at home together. In...
$100 Million Dollar Funding Boost to the Family Law System
On 11 May 2021, the Morrison Government announced significant funding to the Family Court of Australia and Federal Circuit Court of Australia as part of the 2021-22 Budget. In addition to important judicial support and reform measures, over $100 million dollars of...
Dating, Cohabitating and Defacto: When It Comes To Your Property And Family Law, What’s The Difference?
Family dynamics and relationships have evolved quite dramatically in the past few decades. Today, many couples choose to live together instead of, or prior to marriage. Likewise, it is more common for unmarried couples to have children together. People are often...
Family Court of Australia and Federal Circuit Court to Merge – What Does That Mean For You?
On 5 December 2019, the Australian Government introduced legislation to reform the federal family law courts. Under the legislation, the Family Court of Australia and the Federal Circuit Court of Australia will be brought together as the Federal Circuit and Family...
Complex Family Law
Trustees, Trustee Companies, Holding Company, Unit Trusts, Shareholdings, Directors, Appointors, Nominees, Probate, Estates, Financial Planners and Forensic Accountants. What does it all mean? These are just a sample of the words that may get thrown at you in a family...
Zoom through your court date
Even as we reach COVID-normal, the Family and Federal Circuit Courts are continuing to run a significant proportion of their court dates online and by videoconferencing. The dominant system in Victoria is using Microsoft Teams, but other States are preferring...
Nevett Ford Melbourne Pty Ltd
ABN: 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000