How long does it take to get a Divorce in Melbourne?
01 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:
Your Marriage must have broken down irretrievably;
You must have been separated from your spouse for a minimum of 12 months; and
You must have in place proper arrangements for the welfare of the children of the marriage
If you satisfy the above requirements, a Divorce Application can be prepared and filed with the Court in Melbourne upon payment of the required Court Fee.
It is possible to apply for a Divorce jointly (with the cooperation of your spouse) whereby you both sign the Divorce Application. If your spouse does not wish to file a Joint Divorce Application, then you can apply on your own, but the Divorce Application must be legally served on your spouse. There is no need for your spouse to “consent to the Divorce”. All that the law requires is that the above requirements are satisfied and that your spouse has been properly served with the Divorce Application.
With Divorce, it is possible to do-it-yourself, but it can entail a number of visits to the Divorce Court in Melbourne and it can be very time consuming (especially if you don’t get everything right or if your spouse is being difficult). If you engage our professional services, we will organise it all for you and get it done quickly without you even having to attend Court in Melbourne. This will avoid any stress involved in having to deal with your spouse or the Court.
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.
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.
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.
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