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
Mei Ngo
Stacey Raphael
Topics We’ve Written About
Say “I do” to a Prenup – the relationship ‘insurance policy’
In recent months news outlets have reported that popstar Britney Spears has married her fiancé and third Husband Sam Asghari. It has been reported that prior to the wedding the parties signed an ‘iron clad’ Prenup (or as it is called in Australia a Binding Financial...
What is the time limit to apply for property settlement after Divorce?
You have twelve months from the date of your Divorce Order to file Court proceedings seeking a property settlement (or 24 months from the date of separation of a de facto relationship). If the time limit lapses you may still file an ‘out of time’ application if you...
Does my ex-partner have a claim to my inheritance?
If an inheritance or large gift has already been received during the relationship, then it will normally form part of the matrimonial asset pool, although the recipient will usually receive an adjustment for this contribution. The extent that the funds have been...
Passports, Parenting Orders and Problematic Parents
As the world reopens, many people are again looking to travel overseas. In the case of separated parents, this will often include them and their children. There are some pitfalls particularly in relation to passports that parents even with finalised parenting orders...
What is Spousal Maintenance?
Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage or a de facto relationship. Spousal maintenance is payable when: One party requires financial support and therefore has a need (for example, the...
What’s the best way to communicate with my ex-partner?
We always recommend that correspondence relating to parenting or property settlement matters are recorded in writing either via email or text message. There are also various parenting communication apps which parties can use to discuss co-parenting matters. Some of...
Family Law Services
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Nevett Ford Melbourne Pty Ltd
ABN: 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000