Divorce and Separation
Divorce and Separation Family Lawyers in Melbourne CBD
Separation in married or de facto relationship can be complicated and confusing time. The complexity can be further aggravated if the separation is not amicable resulting in uncooperative and prolonged process in reaching an agreement in parenting and financial matters.
Divorce and Separation Services
from Unite Legal's Experienced Lawyers
For married couples, you are not able to immediately make a divorce application after separation. Before an application is lodged, you must have separated with your spouse for at least 12 months or prove that your marriage has ‘irretrievably broken down’ for ‘separation under one roof’.
There are other requirements that must be satisfied to obtain a divorce order. You can apply the divorce application alone known as a ‘sole application’ or together with your estranged spouse known as ‘joint application’. It is not uncommon for joint divorce application to be done mutually with court filing fees to be shared between the parties.
Sealed Divorce Order is issued to the parties one month after the Divorce Order is granted and becomes effective one month after divorce is granted by the Court.
Parenting Matters, Property and Financial Matters and Financial Support
There is often a confusion whether divorce order includes parenting and financial arrangements. Being granted with divorce order does not mean that all matters are resolved entirely.
Parenting arrangement, financial/property arrangement, child support, spousal maintenance is a separate process, not part of the divorce application or divorce order. These are dealt separately with Consent Order (for both parenting and financial/property matters) or written agreement known as Parenting Plan (for parenting arrangement). You and your former spouse may choose to negotiate through lawyers or attend mediation or initiate court proceedings no resolution is achieved.
Contact Our Divorce & Separation Law Firm
Generally, the procedure of divorce application is not complicated. Depending on the circumstances of your case, there can be difficulties and challenges in divorce application such as separation under one roof, service of court documents on the former spouse, disagreement on separation date or the other party objecting to divorce application.
Our experienced team of lawyers can guide you through the process, explain your rights and responsibilities and navigate you in the right direction in divorce application, including financial and/or parenting matters. Depending on our assessment of your circumstances, complexity and work involved in your matter, we may act for you on a fixed fee for divorce application.
Our multilingual team of lawyers can assist in the following languages:
Frequently Asked Questions
You can apply for divorce after you and your spouse have lived separately and apart for at least 12 months. This includes separation under one roof, which means that you and your spouse are separated and living in the same home. There are other requirements that must be fulfilled for divorce application.
No, parenting and property related matters are separate from divorce application or divorce order.
This is on a case-to-case basis. There are other requirements to be satisfied. Please contact us to make an appointment to discuss your circumstances.
You have two options in divorce application i.e. ‘sole application’ or ‘joint application’. If both you and your former spouse are agreeable to proceed with divorce application, then joint divorce application would be the best approach. The process is simpler, and it is not uncommon for the parties agree in sharing the court filing fees.
Yes, you can still make a divorce application if you can satisfy the service of court documents to your former spouse. You will need to provide us with information known to you to locate your former spouse. You must be able to demonstrate to the Court that you have taken all required steps to serve the divorce court documents to your former spouse before making an application to dispense service or application for substitution of service. We will assess your situation on a case-to-case basis in determining the best course of action for your circumstances.
If you have been married less than two years from the date of marriage to the date of applying to the Court for a divorce, you must file a counselling certificate. The counselling certificate is provided after you attend counselling with a family counsellor to discuss the possibility of reconciliation with your former spouse. If you do not provide a counselling certificate, you will need the Court’s permission to apply your divorce application by filing an affidavit detailing why the parties have not attended counselling and any special circumstances of your case.
Disclaimer: Website contents is not legal advice. This article is general information and the contents do not constitute as legal advice. The website contents are not intended to and should not be relied upon as legal advice. Please seek legal advice as appropriate.