What does Divorce mean?
Divorce is the ending of a marriage, in Australia, we have a no-fault system which means that no person is at fault for the relationship ending.
To obtain a divorce, you and your spouse need to consider the marriage irretrievably broken down and it is not likely you will re-commence your relationship. You must also be separated for over 12 months before applying for a divorce.
It is possible to obtain a Divorce if you live under one roof but live separate lives. It is even possible if you get back together for a cumulative period of 3 months without the need to re-start the 12-month separation period. However, if these circumstances arise, the court will need more information from the parties to ensure they can grant the divorce.
Applying for Divorce
To apply for a divorce you must ensure you meet the eligibility criteria which requires either you or your spouse to:
- Regard Australia as your home and intend to live in Australia indefinitely
- Are an Australian citizen by birth, descent, or by the grant of Australian citizenship
- Ordinarily live in Australia and have done so for 12 months before filing for divorce.
The application will be made to the Federal Circuit and Family Court of Australia via the Commonwealth Courts portal.
You can make an application on your own or jointly with your spouse. After the application has been finalised, it must be served on the other party (if you are making a sole application).
Hiring a Divorce Lawyer in Melbourne
At the Family Lawyer, our Divorce Lawyer can deal with this process for you. We can provide you with comprehensive advice and assistance regarding your divorce to ensure your application will be accepted and granted.
We aim to take the stress out of the process and finalise your divorce quickly and efficiently.
What can go wrong
We take the time to discuss your situation and assess the risk factors or matters that need to be clearly presented to the court to ensure your application is not requisitioned. For example, if there are children under the age of 18, the court requires extra information to be provided in an appropriate form to show them the children will be cared for.
Understand the child custody arrangements.
Divorce, Property, Children, or Maintenance Matters
Divorce is purely the ending of a marriage, decisions around property, parenting or maintenance are a separate process which requires you to make an agreement between you and your spouse or seek orders from the court.
You can apply for a divorce after you finalise arrangements for property, parenting, or maintenance. Alternatively, you can obtain a divorce first and then deal with property, parenting, or maintenance matters. However, an application must be made within 12 months of the date on the divorce order. If this is not done within 12 months, you will have to apply for leave of the court. There is no guarantee this will be approved, and you may lose the opportunity to have property, parenting, or maintenance issues resolved.
Looking for information about Separation or International Divorce?
Post Separation Assets
Post separation assets The date of separation, and therefore, the timing of a contribution to an asset made post-separation by one party, can be very relevant. A ‘post-separation contribution’ is a contribution made ...
Frequently Asked Questions
– If there are no children under 18, you are not required to go to court.
– If you and your spouse make a joint application, you do not need to go to court to attend the hearing.
– If you make a sole application with children under the age of 18, you will be required to go to court to attend the hearing.
Your divorce will not be final until one month after the date of your Divorce Order from the court. After this, you can re-marry.
If you reconcile with your spouse for less than 3 months it will not affect your ability to file for divorce. However, the period of reconciliation must be added to the period of separation so that it adds up to at least 12 months.
The timing varies depending on the caseload of the court however the usual time is less than three months from the date of filing. If you have children under the age of 18 years, the court will also want to know that proper arrangements have been made for the care and welfare of the children before granting the divorce.
What our clients say…
Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.
Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended
The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!
I had a really good experience the last few times I have visited their office. Great group of people to have on your side.
During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.
Really happy with their service. Thank you.
Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.
Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.
I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.
Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.
Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.
Excellent service, they managed to show compassion for my stupidity, we laughed together
Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.
What our clients say…
Excellent service, they managed to show compassion for my stupidity, we laughed together
Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.
Really happy with their service. Thank you.
Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.
Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.
Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.
I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.
During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.
Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.
I had a really good experience the last few times I have visited their office. Great group of people to have on your side.
The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!
Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended
Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.
LET’S GET STARTED
We’re here to help answer your questions. We take great pride in using our expertise for you and look forward to speaking with you.
During your initial free consultation we will:
- Discuss your circumstances
- Advise you on your options
- Answer your questions
- Advise you of the costs
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03 8657 3751
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