Divorce Lawyers Melbourne
You can only apply for divorce under Australian Law after you have been separated for a period of at least one year. In 1976, the Family Law Act established a "no-fault divorce" system in Australia. This means that only ground required for divorce is that the marriage has broken down irretrievably- who is to blame is irrelevant. If there are children aged under 18 years old, the Court can only grant a Divorce if it is satisfied that proper arrangements have been made for the welfare of those children.
If both parties agree, you may apply for a Joint Application for Divorce. However, if the other party does not "agree" to a Divorce, this does not present a problem as you can still apply for Divorce on your own- but it will be necessary to serve the Divorce Application on the other Spouse prior to the Divorce Hearing. Even if the other party objects to the Divorce, the Court will grant the Divorce as long as there is evidence of a one year separation and proper arrangements having been made for the welfare of the children. Subject to proof of separation, it is sometimes possible to obtain a Divorce if there has been a separation under the one roof.
If you only wish to settle property and financial issues and/or child arrangements, it is not obligatory to apply for a Divorce. You do not have to wait for a year before dealing with property and child issues as a Divorce is a separate independent Court Case.
A Divorce Order, once granted at the Divorce Hearing, does not become final until one month and one day after the Divorce Hearing and you should not finalise any arrangements to remarry until the Court has fixed the date on which the Divorce is to become final.
An Australian Court may have Jurisdiction to grant a Divorce even if the parties no longer live in Australia. Please refer to our International Family Law section of this website for further information.
For further Specialist advice, call Melbourne Family Lawyers today for an appointment on (+613) 9670 9677.
Established in Melbourne since 1985.
Divorce Lawyers Melbourne Articles
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.
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