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.

loice JTI

2022-02-28

Great Job Kate. It was a complicated contract, but you did it with diligence and commitment. You took us through all the legal complexities slowly till the final day. we will definitely recommend your services to others.

Jassi BS

2022-02-17

Wonderful experience:) Thomas has handled legal matters for me over the years and always achieved a good result.He handled custody matter (full custody )and other legal matters. I highly recommend him to anyone who needs professional legal advice . I have trust and faith in unite legal/Thomas for any matter . Thanks again for hard work and big big big thanks to Thomas who always helped me through a rough time over the years and tried to advise me with high proficiency and professionally manner

manoj kumar

2022-01-24

Joseph Thomas

2022-01-12

Prompt and professional in their dealings, with attention to details. Thank you Unite Legal.

Heath P

2021-11-19

I have been a client of this firm for over six years and client of Thomas Mathew over 8 years. Thomas & the team have been an amazing support & excel in all the areas you would expect from your legal representation such as: support, excellent attention to detail, always contactable OR will return your query in a timely manner. Thomas is very pro-active in trying to find you a solution and assist in a customised made way that suits my needs. I would definitely recommend Unite Legal for all your legal matters & wide range of Law areas they cover.

Jacqueline Thomas

2021-11-11

Kate & Thomas handled our conveyancing matter speedily and professionally. All questions we had were addressed thoroughly by Kate & Thomas. The value they provide goes well beyond cost. I would highly recommend Kate & Thomas to anyone, and not just for conveyancing. The many we have referred so far have all had positive experiences and feedback, which is refreshing when dealing with lawyers.

Shalini Singh

2021-11-04

Not very sure how to start this, so let me start from the beginning. I was looking for a lawyer to sort out my Family Law issue, I will be honest before taking to Thomas I had a talk with 7 different lawyers trust me all from good firm. I got lucky the 8th time when I called Thomas, not because he could understand my financial limitation, it was because he could understand and empathize with my personal circumstance and what I was going through emotionally. I do recall he listened to what I had to say and was the only lawyer who asked me ‘What I want to do’ and said he will ‘help me’ to sort things out. He has kept his word and for that I have so much respect for him and his firm. His professionalism is impeccable he respects time be it his or his client’s. His determination to find the nooks and crannies on the implication we might or might not have of our legal action is amazing. His patience, which he practiced with me (no pun intended) as I can be a bit clueless and/or confused at times. His determination to protect his client’s rights is respectable. Will surely recommend them.

Marcelo Ortega

2021-10-31

I highly recommend Unite legal for its professional legal services. I had court matters and Mr Thomas Mathew from Unite legal is assisting me in a very professional, thoughtful, attention and strategically way. Thank you so much Mr Mathew for you assistance in my matter. I can see a good outcome on my legal process.

lupe lomu

2021-10-06

My case have been solve with the best outcome. I will recommend this service to anyone in need. Thank you Thomas for being the best. xx

Jay C

2021-09-01

First & foremost thank you Unite Legal for your 100% dedication & professionalism. 100% recommend and don’t even think twice retaining elsewhere!

Divorce and Separation Services
from Unite Legal's Experienced Lawyers

Divorce Applications

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:

Cantonese
Mandarin
Hakka
Malay
Malayalam

Frequently Asked Questions

When can I apply for divorce?

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.

If I have applied for divorce or granted with a divorce order, are parenting and property related matters resolved?

No, parenting and property related matters are separate from divorce application or divorce order.

Can I make an application for divorce if we were married overseas and not in Australia?

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.

What are my options for divorce application if my former spouse and I agree to divorce?

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.

Can I make a divorce application if I have lost contact with my former spouse and do not know her whereabouts?

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.

Can we apply for divorce if our marriage is less than two years?

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.

Speak with our Divorce and Separation Lawyers

Contact Unite Legal’s team of Family lawyers in the Melbourne CBD today by calling (03) 9988 2188 or sending an email to office@unitelegal.com.au or leave your details on our online enquiry form.

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.