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The breakdown of a marriage (or a de facto relationship) does not always involve infidelity or family violence.
Sometimes, people just grow apart.
How we can help you
At Easton Legal, our solicitors understand that a long and drawn-out family law dispute can have a devastating impact on you and all those around you including your children, close friends and relatives.
As experienced family lawyers in Melbourne, our approach is to negotiate first to save you the time, expense and emotional cost of having to go to court. Even where proceedings have already been filed, our commitment to early resolution allows us to resolve most family law matters at mediation or sufficiently before a final hearing.
Our Melbourne family lawyers have extensive experience in family law, including:
- Applications for divorce
- Applications for property orders and/or spousal maintenance
- Property settlements including roundtable discussions, conciliation conferences & private mediations
- Applications for child custody/parenting orders
- Applications for and responses to family violence intervention orders
- Urgent interim applications e.g. for spousal maintenance and/or interim costs (Barro orders)
- Disputes over jurisdiction, where the laws of a foreign country purport to preclude the matter being heard in an Australian court
For a free conference and family law advice regarding your family law matter, contact our team of affordable family lawyers in Melbourne today.
Any information you share when seeking advice will not be disclosed.
Know that your case is being handled by an experienced team that gets results.
Our lawyers are experts and people too, taking a more human approach to the law.
Frequently Asked Questions
Divorce happens to many married couples in Australia, but it is always a challenging time and not a comfortable one. At Easton Legal, our affordable family 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 that 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 finalization 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 arrangements, 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, and this is enough to have it granted.
Will there be problems with filling 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 divorce lawyer 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.
Answer: If you’re facing a family breakdown, divorce, or other related family law problem, then you may need to decide if you need a lawyer. Some families can manage the problem themselves without legal advice. However, this isn’t always the case. The answer, if solicitors are required, depends on how complicated your situation is and what’s at stake.
It’s best to ask yourself questions like, are there children included in the matter? Is there violence involved? Are you prepared to handle the negotiation and mitigation alone? Are you unsure of what you’re entitled to? Is there money involved? Are you likely to have disputes and arguments over decisions? If you’ve answered yes to any of these questions, then you should seek advice from Melbourne divorce lawyers. The team at Easton Legal are experts in family law, divorce and separation and can tend to your matter professionally and honestly.
Answer: In Australia, both parties of the marriage must live separately for a minimum of 12 months. And to qualify for a divorce, both people in the partnership must assure the court there’s no possibility, and it’s unlikely of recommencing married life together. If you need further advice on this, we suggest contacting divorce solicitors to help with the process. Usually, divorce is a stressful time in your life, and our divorce lawyers are experts in guidance for all situations. Our Melbourne team of separation lawyers can help you navigate through the legal issues and the entire process.
Answer: This depends on your particular circumstances. If you have no children under 18, then you don’t need to attend court. If the application is a joint one and there are children or a child under 18, then you don’t need to participate in the hearing. However, if the application is a single or sole one, and there are children or a child under 18, then the person who applied is required in attending court for the hearing.
Please note, divorce hearings deal only with divorce. Child custody and property issues are dealt with separately. We suggest contacting our team of experienced divorce lawyers who can guide you through the process and support you in a Melbourne court if it’s needed for your particular case.
Answer: Separation is the decision which gets made by a party of a relationship to end relations and then that choice gets communicated to the other party. Separation differs from a divorce because both parties must be living separate lives (and under the same room can qualify as separated as well) for 12 months and then a divorce can get applied for. Contact our experienced Melbourne team of separation lawyers for further advice.
Answer: Mediation is a process where a qualified representative helps both parties in a relationship to dispute arguments, negotiate and get to a resolution to their problems. A mediator is experienced in helping to facilitate decisions by identifying and considering various options to help resolve issues, challenges and disagreements. If an agreement or mutual decision can’t be reached, then you may need to go to family court where a judge will make these decisions on your behalf.
At Easton Legal, we do our utmost best to negotiate and resolve all family law disputes and disagreements during mediation to avoid proceeding to court. However, sometimes agreements just can’t get met. If this happens, our experienced lawyers will represent you and help through the entire legal and court process.