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divorce lawyer melbourne

Family Law, Divorce & Separation

Your Divorce and Separation Lawyers in Melbourne

We are an empathetic, down to earth, and efficient family law team with the time and care to ensure the best outcome for your divorce or separation.

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Why Get Divorced?

While every divorce scenario is different and has its own collection of circumstances, some reasons for divorce are more common  than others, such as:

  • Lack of commitment
  • Not marrying for the right reasons
  • Not being faithful
  • Abusive/violent behaviour
  • Financial issues

Our team is skilled in approaching divorce applications in a helpful and human way.

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divorce lawyers melbourne
divorce lawyer melbourne

Divorce Lawyers Melbourne

When Can I Get Divorced?

You can apply for a divorce 12 months from the date you and your partner separate.

Only one party needs to want the divorce and you can apply either jointly or separately. Your ex-partner cannot oppose a request for divorce, except under specific circumstances.

Some married couples choose to continue living together under the same roof. You can still apply for a divorce while you are still living together with your former spouse.

On the other hand, you do not have to wait until you are divorced to settle financial matters and arrange custody and support for your children. If you want to file for divorce, we can assist you.

If you wish to file a divorce within two years of being married, there are two avenues available under section 44(1B) of the Family Law Act.

The Court will not grant you a divorce order unless you have filed a certificate with your application for divorce to the effect that you and your spouse have considered reconciliation with the assistance of a specified person.

The filed certificate must be signed on behalf of the organisation or individual that has assisted you with reconciliation. An exception to the above certificate pathway is that you obtain the leave of the court under section 44(1C) of the Family Law Act if there are special circumstances.

Under section 48 of the Family Law Act, the court will make an order for a divorce if the marriage has broken down irretrievably and the parties have separated such that they have lived separately and apart for a period of 12 months before filing an application for divorce.

It should be noted that parties may nevertheless be deemed to have separated despite living in the same residence or a party has rendered some household service to the other. In this scenario, to determine whether the parties have separated, the Court will usually examine the marital relationship before and after separation. If the parties’ martial relationship before and after separation remains substantially the same, for instance the wife continues to cook for the husband, the husband continues to clean the house and or the parties have maintained a sexual relationship, it is unlikely that the court will be satisfied that separation has in fact occurred.

Further, it is strongly emphasised that even if the parties have been separated for twelve months and have satisfied the above mentioned requirements, should the court believe that there is a reasonable likelihood of the parties resuming cohabitation, the court will not grant a divorce.

Divorce And Children

A divorce order does not take effect unless the court has declared that it is satisfied that either:

1

There are no children of the marriage under the age of 18; or

2

The children of the marriage under the age of 18 have been specified in the divorce order and proper arrangements have been made for their care, welfare or development; or

3

Even though arrangements have not been made for the care, welfare or development of the children aged under 18, there are circumstances present that justify a divorce order being made.

Child Custody

Notwithstanding the above, if the court is not satisfied that proper arrangements have been made for the care, welfare and development of children under the age of 18, the court may adjourn proceedings until a family consultant has provided the court with a report addressing the arrangements.

 

A divorce order usually takes is made one month and one day after the order has been made by the Court. This means that it is made one month and one day after the Application for Divorce is heard by the Court.

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Divorce Lawyers Melbourne

Time Limits On Property Or Maintenance Applications

After a divorce order has been made by the Court, there is a one (1) year time limit for bringing property proceedings. This one-year time limit does not apply where both parties have consented that it should not apply or when the court has granted leave for proceedings to be brought after the expiration of the time limit, because of hardship or the court not exercising its discretion would be unjust. The divorce lawyers in our Melbourne office are familiar with the typical issues and stumbling blocks arising from this part of the process. Our team will be on hand to provide professional, personalised, caring legal support, in a language you can understand.

 

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Divorce Lawyers Melbourne
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The Melbourne Divorce Lawyer experts

Doha Khodr

Senior Migration Paralegal
Dr. Nathan (Nam) Le

Dr. Nathan (Nam) Le

Managing Associate
Isan

Isa Noureddine

Managing Associate
Liuzhuo (Aletta) Chen, LLB, GDLPASSOCIATE

Liuzhuo (Aletta) Chen

Associate

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