Family Lawyers Melbourne

Melbourne Law Studio – Expert Family Lawyers in Melbourne

family lawyer melbourne working with divorce process

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 children’s matters 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 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.

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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.

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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.

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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...

Your Separation and Divorce FAQ's

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.

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.

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.

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.

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.

You must apply to the court to obtain full custody of your children. 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.

The family court handles children and property matters, along with separation orders and divorce matters. Melbourne Law Studio can help you formalise child matters so that you can take legal action later if needed.

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 parenting arrangements. Additionally, divorce lawyers in Melbourne can help with filing the necessary documents to obtain court orders, which are enforceable. Simple agreements are not enforceable.

At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.

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