When the decision is made to end a marriage, finding a reputable and reliable Melbourne divorce lawyer is essential. By entrusting Melbourne Law Studio with your case, you can rest assured that all of the nitty gritty details will be handled with the utmost care.
Divorce is never easy, and the reasons behind it can be complex and deeply personal. Many couples find themselves facing irreconcilable differences, financial pressures, infidelity, or simply growing apart over time.
Whatever the cause, at Melbourne Law Studio, we understand that this is not just a legal process but a deeply personal one, and we are here to guide you with genuine compassion and expertise.
The difficulties that arise during a divorce can feel overwhelming. From dividing assets to determining child custody, and dealing with financial arrangements, the legal aspects of separation can add extra stress to an already difficult situation.
Our experienced and approachable team works closely with you to make the process as smooth as possible, ensuring your rights are protected and your future is secured.
With clear advice and support, we help you navigate the complexities of divorce while focusing on the best possible outcomes for you and your family.
Choosing a divorce lawyer who values both your interests and the well-being of your children is essential. With so many options in Melbourne, it’s important to select a firm that truly understands your needs.
At Melbourne Law Studio, we focus on listening to you, crafting a personalised strategy, and working towards a resolution that aligns with your goals. We’re committed to supporting you through a smooth transition into this new chapter of your life.
Sometimes, interacting with lawyers can be intimidating – but not at Melbourne Law Studio. Our team of friendly and down-to-earth lawyers will make you feel comfortable and valued every step of the way.
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When it comes to handling legal matters, time is critical. Our quick response times ensure that not a minute is wasted in handling your case and attaining the justice you deserve.
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Have a busy schedule? We get it. Offering flexible appointments, we can easily work around your timetable and accommodate the busiest of schedules.
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If you’re not a lawyer, understanding legal jargon can be tough. Our team of lawyers helps you sidestep any confusion by using simple language you can easily understand.
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Couples considering a separation or divorce in Victoria face the dilemma of disentangling themselves from a person and the life they once shared. It’s often an agonising decision. Some couples take years before finally going their separate ways.
Making the decision can be a relief after years of uncertainty. But it’s only the start. There are three major steps in the divorce process:
The formal termination of marriage starts with an application for divorce to the Federal Circuit and Family Court of Australia. What most people don't know is that you don't need a divorce in order to commence the separation process.
When you get married, you get a marriage certificate, the same is true for a divorce, but note that the divorce certificate you receive has limited bearing on your rights or the usual process of property division and parenting matters.
You can apply for a divorce on your own as a sole applicant, or separating couples can file a joint application. However, the earliest you can apply must be at least 12 months from the date you and your partner separated.
If you’ve been married for less than two years, you’ll need to file a counselling certificate. This will require you to go to counselling with your partner.
When there are children involved, you will need to provide evidence that you’ve made proper arrangements for their welfare. Only then will the court consider granting a divorce. A Divorce Order will then be made once your situation satisfies the following criteria:
• You were legally married to your spouse
• The marriage has broken down irretrievably
• You were separated for 12 months at the time you filed your application
If not done jointly, your spouse was correctly served with the Application for Divorce
Appropriate arrangements have been made by both parties for the care of the children.
Once there are no special circumstances, your divorce will be finalised a month and a day after the divorce hearing. It’s a lot to cover.
It helps to have a Melbourne divorce lawyer who can assist you when applying for a divorce in Victoria. They can also help you with property and child matters which are not included at this stage of the process.
This part of the process is often referred to as the financial settlement and it is generally where clients begin their separation process (together with children's matters if applicable, see below).
It is dealt with separately from the 'formal termination' of the marriage, namely, divorce. Resolving property matters can be difficult. Both parties must agree on the division of assets as well as debts.
You can both sign off on a binding financial agreement or consent orders, depending on what suits your personal situation. Otherwise, a lawyer representing either of you can start legal proceedings. The matter will then go to court.
At Melbourne Law Studio, we encourage parties to take a collaborative approach wherever possible to come to an early, amicable resolution. What parties see as reasonable may be extremely different from what the court deems as fair.
This step in the process can drag on depending on the mindset of both parties. It’s probably why 54% of Australians surveyed cited financial issues as one of the hardest parts of a divorce. Over half of them also recommended proper communication and respect to help end on good terms.
Unfortunately, not all matters resolve by agreement. If this is the case for you, know that we are here to fully and passionately represent your interests throughout the entire litigation experience.
Divorce is also hard on the children involved. The aim should be to provide them with stability throughout and at the end of the divorce process. It’s good to have an idea of:
• Custody agreement outlining living arrangements
• The amount of time they will spend with each parent
• Provisions for financial support
• Ways to cover health and educational needs
Many couples agree to a Parenting Plan. You can use this to document any custody agreement and arrangements made for your children. Although informal and not enforceable by the court, it can be a good starting point.
In the event this doesn’t work, you can try a more formal route through Consent Orders. These stipulate the details of the items mentioned above. Again, this will require agreement between both parties and often involves extensive negotiations.
Mediation is an option if you and your partner can’t agree on the terms. Otherwise, one party will be forced to commence court proceedings to obtain a formal and binding decision.
If an agreement is formalised (by consent or the court) you can still make arrangements outside of the orders by agreement, however either party can revert to enforcing the original orders if there is any disagreement.
Our firm with family law specialists can help you reach a feasible custody agreement. One that works for all parties involved, especially your children.
There may be other factors for you when selecting a divorce lawyer. However, Melbourne Law Studio is likely to address those, along with the ones mentioned above. As one of Melbourne's leading boutique law firms, we offer tailored, personalised service to meet your needs.
Our lawyers have extensive experience in family, commercial, and business law. We can help alleviate some of the stress that comes with getting a divorce in Victoria. Our firm can provide you with:
We take away the intimidation that clients often feel when dealing with legal matters. Our lawyers are friendly and family oriented. We aim to make you comfortable, valued, and provide the best solution for your situation.
Part of making you feel comfortable is ensuring we meet your needs. This includes answering any questions you have as well as alleviating any concerns.
We respond to you promptly because we know that time is critical when it comes to divorce matters. We want to help you move on to the next stage in your life as quickly as possible.
We think it’s important that you have a clear understanding of your case from the onset. We believe in having open and honest conversations to ensure you know exactly what’s happening with your case and what to expect.
At Melbourne Law Studio, our divorce lawyers have got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.
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