When should I apply for a Divorce?
22 April 2015
A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year. That does not mean that during the period of separation, there are no legal steps to take. Once the separation takes place, most people are keen to know what their legal rights and obligations are in relation to parenting of children and financial matters. It is important to deal with those issues as soon as possible- there is no need to wait for 12 months before obtaining legal advice. If you delay, then it may cause adverse consequences for you. Even if you have no intention of applying for a Divorce as soon as the 12 months is up, it is best to consult an experienced family lawyer as soon as you separate. If you get the best legal advice quickly, rather than getting through the separation the best you can without legal advice, it will arm you with knowledge of what to expect in any settlement- whether you settle before Divorce or after Divorce.
It is a common misconception that you have to wait until you are divorced before you can agree to legally settle financial arrangements with your spouse or partner. You do not have to wait. In fact, in some cases it is essential to take legal action quickly in order to protect the children (and also to protect the assets). If you wait a long time before you consider a property settlement, it may disadvantage you.
Let’s take this typical example of a Melbourne couple (Troy and Tracy) in their mid- forties with school-aged children. At the date of separation, there were substantial savings of $120,000. Tracy, feeling incensed at Troy having left her for the 25 year old hairdresser who lived in the apartment block across the road, spends most of those savings in the best Melbourne fashion boutiques and eats at the best Melbourne restaurants drinking the best Australian wines. The savings only last three months. Whilst Tracy is living it up, Troy opts to lead a quiet life enjoying the simple pleasures staying in most nights with his girlfriend- unless he is looking after the kids whilst Tracy is out. Troy will find that most of the money which Tracy has spent living the Melbourne high-life cannot be recouped or added back in when negotiating a property settlement down the track.
So, don’t hesitate, spend some money on getting the best family law advice early- waiting until it’s time to get a Divorce is too late!
What do I do if we can’t agree on parenting arrangements for the children?
3 April 2019 -
The Family Law Act states that each parent has parental responsibility for their child up until the age of 18 years. This is the case whether you are still together as a family or separated.
Should I change Family Lawyers in my Family Law Court Case?
18 January 2019 -
Are you having doubts about whether you are being well-represented in your Family Law dispute?
Separation and Divorce for Retirees
31 July 2018 -
Retired Baby Boomers are separating and divorcing late in life. We are seeing more people getting to a point where they cannot put up with living with their long-standing spouse or partner any longer! Whilst life was good when one or both were working and bringing up the children, spending a lot more time together in retirement apparently can test even the most solid relationship!
Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?
12 April 2018 -
If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other.
Can I apply for a Divorce if I am no longer living in Australia?
5 October 2016 -
Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances.
The Best Family Law Advice from Melbourne Family Lawyers
20 July 2015 -
At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve.
Beware of Family Lawyers offering Free Initial Consultations
26 November 2014 -
Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that?
Why Mediation can be better than going to Court
25 August 2014 -
Mediation (also referred to as Family Dispute Resolution) is a process (outside of the Court Litigation process) in which an independent Mediator helps people affected by separation or divorce to resolve some or all of their disputes with each other. It is one of the ways in which an “out of court settlement” can be achieved even in difficult, complex or emotionally charged cases.
What to Expect from a Family Lawyer
8 November 2013 -
A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following.
Which Family Law Court in Melbourne?
8 April 2013 -
Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
How long does it take to get a Divorce in Melbourne?
1 April 2013 -
Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne. There are certain requirements before you are legally allowed to file your Divorce Application, these are:
Can I apply for a Divorce in Australia if I was married overseas?
1 February 2013 -
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply:
Talk to us now for advice about your situation by phoning (+61) 03 9670 9677