Divorce happens to many married couples in Australia, but it is always a challenging time and not a comfortable one. At Easton Legal, our divorce lawyers in Melbourne have the knowledge and capability to support, advise and represent you through the process and help make the transition straightforward and keep it manageable.
Are you ready to apply for a divorce?
You can apply for a divorce if you and your ex-partner have been separated for a minimum of 12 months. You need to be able to satisfy as well that there is no likelihood of reconciliation and resuming back to married life.
What is divorce?
Divorce is a legal procedure between married people to end their marriage. Often it is legally known as dissolution of marriage and is the legal action which ends a marriage before the death of a spouse.
When getting a divorce it requires the court to make an order, it doesn’t always need both parties in the courtroom, but often attendance can be necessary. Acquiring a divorce order usually takes around 4 months for finalisation from the initial meeting until the order gets made.
Divorce is usually a straightforward matter when it comes to the process; however, with property settlements and parenting or custody arrangments, it can become a complicated process.
An aspect to advise is that under the Family Law Act of Australia, divorce gets granted on a no-fault basis. This means the marriage inevitably broke down and who is the reason or the blame of the breakdown is irrelevant. The only evidence needed is proof of a minimum 12-month full separation and that the marriage is not possible to resume. If this is the situation, then you can file for divorce with the help of experienced Melbourne divorce lawyers, and this is enough to have it granted.
Will there be problems with filing for divorce?
If both people within the marriage are in agreeance, then you can apply for a joint application for divorce, and this is a straightforward process.
If one person does not agree to divorce, you can still apply for it alone, but from here you’ll need to serve a divorce application to the other person before the hearing date in court.
If you’re worried it may get rejected in court, as long as you fit the divorce requirements of
- 1-year separation evidence
- Systems and arrangements are in place for the safety and welfare of any children from the marriage
Then the court will still grant a divorce.
After the hearing and once the order gets granted, it doesn’t become final until one month after the date of the hearing. If you are looking at or thinking about other arrangements which require you to be divorced, then you should wait until after the one month mark when the divorce gets legally finalised.
At Easton Legal, we understand that filing for divorce can be a challenging and emotional time in your life. So our divorce lawyers in Melbourne focus on assisting you through this period in a supportive manner to ensure you reach an agreeable settlement and help to maintain a straightforward process.
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Know that your case is being handled by an experienced team that gets results.
Our Melbourne divorce lawyers are experts and people too, taking a more human approach to the law.