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Divorce & Separation Lawyers In Melbourne

FIND FAMILY LAW EXPERTS IN MELBOURNE

There are divorce/separation lawyers in Melbourne, CBD area to assist you in an unfortunate journey of separation and divorce. They provide you with timely advice to end up in comfortable position post-separation and divorce.

 

Divorce Lawyer’s Assistance:

 

As per Family Law of Australia, the partners must be separated for a minimum of 12 months before applying for a divorce. You can either apply for the divorce directly or through a family lawyer, who will prepare the divorce application on your behalf and send a formal notice to your partner; present the divorce case in the Family Court and attend the divorce hearing in subsequent proceedings. If your spouse has served you the divorce notice, your family law lawyer can help you respond or challenge the divorce notice, as you choose.

http://familylawyersinmelbourne.com/time-divorce-take-melbourne/Divorce can be obtained from Family Court of Australia or Federal Circuit Court / Federal Magistrates Court. Official Family Court website also has information on family law advice. Generally, basic and uncontested divorce cases are taken to Federal Circuit Court where the bench issues approx. ten divorce cases per hour.

 

The Family Law of the land recognizes divorce as no-fault divorce meaning while granting the divorce decree, the court doesn’t look for reasons why the marriage ended but grants divorce only on the basis that the marriage being irrevocably broken down and there is no likelihood that both the partners will come back together.

 

The ruling on the divorce does not necessitate settlement of child care, spousal support, financial and property settlement. You must arrange for mediation, collaborative negotiations with your partner to settle these things.

 

In proving the marriage valid:

 

First and foremost, you must prove to the court that you are in a valid marriage by producing marriage certificate in English (otherwise translated into English). If you do not have these documents, your divorce lawyer can arrange it for you. If there is no marriage certificate, you ought to provide the court with alternate substantial proof of marriage.

 

Appearance in the Court:

 

As far as possible your divorce lawyer keeps you and your child from appearing in the court personally. However, if there are any children involved, whether out of this marriage or adopted or fostered or any child who is considered as family and is dependent and who is under 18 years of age; should appear in the court personally. Court grants divorce only after it satisfies itself that adequate provisions are made to support the child.

 

If you have applied for divorce jointly with your spouse or no children are involved, you need not appear in the court.

 

An individual applicant of divorce needs to appear before the court as an applicant and your spouse as a respondent.

 

If you cannot attend the hearing personally, you can ask your divorce lawyer to arrange for a telephone participation.

 

Barring certain situations, your divorce lawyer is very well capable of carrying out the representation on your behalf and take the case through the divorce.

 

Period of Separation:

 

The divorce lawyers help you understand how the period of separation works: If you decide to separate and try to get back together for 3 or less than 3 months; you should extend your separation time by that many days/ months. If you decide to separate and try to reconcile for more than 3 months; you are required to reinitiate the separation period for 12 months.

 

If you have been separated for more than 12 months and still living in the same house, you must produce adequate documents like affidavit in the court to prove the same to get the divorce.

 

Requisites of Divorce Application:

 

Divorce can be applied in the Family Court of Australia, if

 

Either of the spouses has lived in Australia for more than 12 months before applying for the divorce.

 

Or is an Australian citizen by birth, grant or descent.

 

Or lives in Australia or plans to live in Australia for an indefinite period.

 

Fees: While filing a divorce application, you need to pay a filing fee. A reduced fee applies to those who hold certain government concession cards or undergoing a financial crisis. To avail, the reduced fee, in case of joint application of divorce, both the spouses should produce the concession card. If only one holds such card, they are entitled to pay full filing fees.

 

The court fees for the hearings are decided by Federal Government Regulations.

 

Challenging the divorce:

 

Divorce lawyers’ help is utmost important in situations where either of the spouse chooses to oppose the divorce. They must prove in the court of law that they are not separated for more than 12 months as contested by the other spouse or the court is working beyond jurisdiction. Before that one should file a Response to Divorce and personally attend the court hearings.

 

If the partner is in Australia when the divorce notice is served, the Response to Divorce must be filed within 28 days; and if the partner is outside Australia, he/she get 42 days to file the Response to Divorce on Family Law Registry / Commonwealth Courts Portal.

 

In such cases where a spouse consents to the divorce but does not agree to the facts mentioned there in the divorce application, he/she can ask the divorce lawyer to file a Response to Divorce stating the disparities in the facts. The applicant or the respondent need not attend the court hearing personally, your divorce lawyer can handle it.

 

Divorce Lawyer’s help can be sought in all these matters and furthermore, if you choose to apply for divorce on your own, you can seek support for serving the legal documents to your spouse and in the court and making satisfactory parenting arrangements. The Divorce proceedings generally take 6-10 weeks after divorce application. If you haven’t made any settlements before this time, you can seek court’s consideration after 12 months from Divorce decree.

 

Marriage less than 2 years:

 

If your marriage hasn’t survived for 2 years, you are instructed by the court to take a session with the counsellor to explore the possibility of reconciliation. Even after the counselling, you decide to separate, the counsellor fills out a form to be submitted in the court stating the counselling took place. However, the separation clause does apply to the couple.

 

Separation:

 

Separation need not be documented under Australian Family Law. However, if disputed the date of separation need to be established. The date of separation is to be mentioned on the divorce application form for the reference of the court.

 

If you are in a de facto relationship that ends within 2 years, the court cannot issue an order in the property settlement. Date of separation hence becomes critical to establish the de facto relationship.

 

Applicable Conditions:

 

The divorce lawyers of Melbourne state that, separation falls under some considerations by the court. Like:

 

  • If the partners have publicly admitted their separation,
  • If the partners maintain intimate relationship,
  • If any of the partners signed any government documents as individual being separated as in ATO or Centrelink documents,
  • If the partners maintain separate financial arrangements post-separation date,
  • If the partners fulfilled domestic responsibilities for each other If the partners slept in different rooms post-separation date.

Fulfilling above conditions, the court takes the separation into account and grants divorce.

 

In all the legal procedures, Family Law Specialists in Melbourne can guide you so that you don’t falter and lose out on any of the advantages.