Family Lawyers Melbourne
Melbourne Law Studio – Expert Family Lawyers in Melbourne
When you need a family law firm to make sure that your separation and divorce go as smoothly as possible, Our Melbourne Family Lawyers at MLS can help you through the process, including obtaining enforceable consent orders. We are a top-tier firm that provides quality advice in family law, custody agreements and property division.
When you decide that you can no longer live together and start the separation and divorce process, it can seem overwhelming.
Navigating the breakdown of a relationship in itself is a challenge, notwithstanding the added stressors of property division and child custody matters.
Our top-rated divorce lawyers at Melbourne Law Studio understand that the entire process is new and difficult for most. Our family and child custody lawyers in Melbourne can remove some of that stress from the process by helping you navigate this sensitive time – from the day you decide to separate through the end of the divorce.
At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.
- Complimentary and obligation-free consultations
- Flexible appointments
- Fee transparency
- Payment plans
- Quick response times
- Customised client care
- Commitment to fast results
- Client-centric, result-focused solutions
Many people believe that the separation process and the divorce process are one. They are not – you must be separated for one year to apply for a divorce in Australia. You do not always have to go to court to get divorced. Settling your divorce with the help of family lawyer saves you money and is beneficial for all parties, especially if you have children.
If you and your spouse can agree on property matters and children matters, the entire process is a lot smoother and less stressful. However, our family lawyers from Melbourne understand that some couples are at a point where they cannot agree on anything. In those cases, the court will decide how to disburse property and decide on a parenting plan.
You might believe that the process will never end, that your spouse or partner will never agree to a fair distribution of assets and liabilities or a fair parenting plan.
But, you will get there with our help. Whether you have agreed on nothing, mostly everything, or everything, our family lawyers in Melbourne can help make sure the process goes as smoothly as possible.
Even if you are on the battlefield, there is still hope for a settlement. If you cannot come to a mutual decision, the court will decide what is in the best interest of both spouses and the children.
Considerations
You do not have to be married to go through the separation process. However, to make it easier, our financial divorce specialists will use marriage terms. These terms can apply to those who live together, whether male and female or same-sex couples.
Additionally, if you have a case that involves domestic violence, you should make an appointment with Melbourne Law Studio. Domestic violence is serious in that it affects not only the victim, but the children too. Domestic violence situations rarely get better, and you need to keep yourself and your children safe. While people would like to think that their spouse would never go further than a few punches, the longer the violence goes on, the worse it gets.
The Separation Process
Couples who decide that they can no longer live with each other need to be separated for 12 months before they can apply for a divorce.
When you first separate, that is the time to think "I need to find a divorce lawyer near me". During that time, if both of you are amenable, you can discuss property matters and children matters. You do not need to start the divorce process to obtain orders regarding property and children.
Being separated does not mean that you have to live apart, though living together has its own issues. While you do not need family lawyers from Melbourne, you should schedule a free, no-obligation consultation to discuss separation matters, especially if you plan on living under the same roof.
In addition to helping the process move along smoothly, you will also have documentation showing that you were separated, especially if you and your spouse decide that living in the same home is in the best interest of everyone involved.
At the beginning of the separation process, one of our financial divorce specialists can help to start sorting out property matters and parenting arrangements.
Your First Appointment
Before you schedule your initial no-obligation, no-cost consultation, you should have several documents ready. While it is not necessary to bring them when you first meet us, it can save some time in the long run. Documents we will need include:
- Bank account statements
- Shares, term deposits and other investments
- Insurance policies with a cash value
- Superannuation
- Copies of titles for your vehicles, including caravans, cars, trailers and any other vehicles you own
- Personal property, such as jewellery, watches and rings
- Real estate that you own
- Business documents if you own a business
- Interests in family trusts that might be part of the business structure
- Credit card statements
- Mortgages
- ATO liabilities
- Personal loans
Our divorce lawyers in Melbourne will need to look at all of these documents in order to work with you on your property settlement.
Your Situation...
As soon as you decide to separate, you should start working on property matters. While you do not need a court order for property matters, our top-rated divorce lawyers recommend getting a court order or, at the least, a Financial Agreement under the Family Law Act (Cth) 1975.
When you formalise a property settlement, your spouse cannot come back later and change his or her mind to try to take a bigger piece of the pie. Additionally, formalising a property settlement is one step closer to ending your marriage and is in the best interests of your health and wellbeing. Our family lawyers in Melbourne can help you with a settlement and will draft orders to formalise it.
It can take some time to make a property settlement, even if you and your spouse agree on everything. Missing the time frames dictated by the Family Law Act means more headaches and legal costs for both of you. Our divorce lawyers Melbourne can ensure that you do not miss any pertinent deadlines when you retain a Melbourne family lawyer at the start of your separation.
You do not have to be in the divorce process to make a property settlement. You can start this upon separation, or, before you are even planning on separating. If you are a de facto couple – living together as a married couple, but not legally married – you have two years from the date of your separation to make and formalise a property settlement. If you are married, you have 12 months from the date of separation to make and formalise a property settlement. Melbourne Law Studio do not recommend waiting until the last minute to formalise a property settlement.
The time frames are just one of the reasons why documenting your separation is important. If the court does not agree with your separation date, it could affect the property settlement time frames. A financial divorce specialist can explain what you need for the court to consider you separated and help you divide your assets and liabilities.
Another reason to work on your property settlement right away is that both of you could forget what you talked about. Money gets spent as you need it for living expenses. And, everyone’s situation changes – sometimes those are planned changes, and other times, the changes are something unexpected. It is better to have your property divided sooner rather than later, as it will be easier to make property distribution fair for both parties. Our family lawyers based in Melbourne can help you create a fair division of property.
Additional reasons to formalise your agreement using the help of financial divorce specialists in Melbourne include:
- Your ex cannot “remember” your agreement as something other than what you did agree on.
- Certain assets, such as superannuation, cannot be divided unless you have a formalised agreement.
- You might avoid some taxes and/or duties when you transfer property between yourselves.
- If your ex-spouse defaults, you will have legal options to remedy the situation.
Our divorce lawyers in Melbourne can help you to safeguard yourself, saving time, money and enabling you to split assets that require a formalised separation agreement.
If you’re separated but lived in the same home for all or part of your separation, you will need to file an affidavit with your divorce application. An affidavit is a written statement that contains the facts of the case. You must affirm the affidavit before a family lawyer or justice of the peace. Divorce lawyers Melbourne can help you draft an affidavit for the court.
If you apply for the divorce on your own, only you should file an affidavit. However, if you are filing a joint application for divorce, you and your spouse must each file your own affidavit.
You must swear to certain factors in the affidavit, including a change in sleeping arrangements, a decline in performing household duties for your spouse, that you have separated your finances, a reduction in time spent engaging in family activities and whether you have notified your family and friends of your separation.
You must also explain why you chose to live in the same house with your spouse and what you plan to do to change the situation, including living arrangements for children under 18 years of age. You must also let the court know of any government departments you notified of your separation, such as the Department of Human Services or Centrelink. If you received any correspondence about your separation from these government entities, attach a copy to your affidavit. Our family lawyers in Melbourne are financial divorce specialists who can help you write the affidavit so that the court cannot as easily question your separation.
Children make separation challenging. While the parents do not want to live together – and in some cases, do not even want to speak to each other, they must keep good communication lines open for the children. Parents must be able to discuss medical treatments, schooling, and other factors with each other. In most cases, both parents have to agree on those decisions. Understanding how custody works is paramount. Here at Melbourne Law Studio, our child custody lawyers can help you no matter the situation.
If both parents can keep the children’s best interests in mind, it often makes communication easier. The impact of separation and divorce is already high, so keeping your arguing private and having civil conversations helps ease the separation for the children. You can use Melbourne Law Studio to help facilitate communication between spouses who do not get along.
Australia does not have concrete rules for parenting arrangements. What works for the parents and is in the best interest of the children, is the best option. Some parents can arrange for a 50/50 time split. Others, because of work schedules, can manage a schedule with less time for one parent.
In most cases, it is in the children’s best interests to have equal time with both parents. Of course, if one parent has a history of violence or substance abuse, unsupervised time with that parent is usually not in the children’s best interests. In cases where you believe that the other parent should have no visitation or supervised visitation, a family lawyer can help you create an agreement.
If you cannot come to an agreement regarding time-sharing, you can mediate your case or have your divorce solicitors Melbourne negotiate a custody agreement with each parent. Once both parents come to an agreement, you should formalise the agreement. Then, if one parent should decide to withhold visitation, the other has legal recourse with the formalised agreement.
You can formalise the agreement by having our family lawyers draft a parenting plan with the arrangement details; however, a parenting plan is not legally enforceable. Nevertheless, the court will sometimes rely on the parenting plan as evidence that you had an agreement.
If you want to have the ability to take legal action with top-rated child custody lawyers if the other parent backs out of his or her part of the parening plan, your lawyer can ask the court to turn your agreed parenting plan into consent orders. Our family lawyers recommend doing this, even if you and the other parent currently get along. Things change down the road, and that could cause a parent to become unreliable, a consent order allows you to take legal action.
Your Separation and Divorce FAQ's
How do I apply for a divorce?
After 12 months of separation, you must apply to the court for a divorce. Only one party needs to sign the application, but if you agree, both should sign the application. You must be an Australian citizen, lawfully present in Australia, and intend to continue living in Australia. You must also have lived in Australia for at least 12 months prior to filing an application for divorce. If you have questions about showing the length of time you lived in this country, Melbourne Law Studio can help you.
How much does a family lawyer cost Australia?
The cost for family lawyers based in Melbourne depends on your circumstances. Once our attorneys review your case, we will be able to give you the cost of your divorce. Your initial consultation is free, and there is no obligation for you to continue with our divorce lawyers in Melbourne.
How do I choose a good family lawyer?
Good family lawyers in Melbourne have experience in settling and litigating divorce cases. To find good divorce solicitors, ask questions during your initial consultation. You might ask how long a family lawyer has been helping people with settlements, property matters, children matters, and applications for divorces. Also, divorce solicitors in Melbourne who are financial divorce specialists are a big help, especially to those with a lot of assets.
What do family lawyers do?
Divorce lawyers Melbourne can help you document the beginning of your separation period and work with you and your spouse to come to an agreement regarding property and children matters. They can assist you in obtaining consent orders for property distribution and parenting plans, and help you file your application for divorce. If you need to take legal action later, top rated divorce lawyers can help you enforce the consent orders.
Is mediation compulsory in family law?
No. However, it is usually better to mediate issues that you cannot agree upon than to let the court decide. The court is going to look at what is in the children’s best interest – and you might not get the time you wanted with your child, or you might not like the division of property the court decides on. You can even have an informal mediation with Melbourne Law Studio.
How do I get full custody of my children in Australia?
You must apply to the court to obtain full custody of your children, and understanding how custody works is key. However, you must also be able to show why the other parent should not have time-sharing or make decisions related to the children. If you believe the other parent is violent or has a substance abuse problem, you should find a divorce lawyer near me, and have some evidence to show the court. If the welfare of the children is in question, the court could order a family consultant to submit a report. If you have a situation where you believe that it is in the best interests of the children to have full custody, Melbourne Law Studio can help you with your application.
What court do you go to for child custody?
The family court handles children and property matters, along with separation orders and divorce matters. Our child custody lawyers Melbourne can help you formalise child matters so that you can take legal action later if needed.
Do I need to hire a family lawyer in Melbourne?
The law allows you to file your own divorce application, but because your spouse could make an agreement and then break it later, we advise that you use our services to help facilitate agreements for property division and custody agreements. Additionally, child custody lawyers in Melbourne can help with filing the necessary documents to obtain court orders, which are enforceable. Simple agreements are not enforceable.
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At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.
- Complimentary and obligation-free consultations
- Flexible appointments
- Fee transparency
- Payment plans
- Quick response times
- Customised client care
- Commitment to fast results
- Client-centric, result-focused solutions
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