In Australia, you don’t necessarily need a lawyer to get divorced. In fact, many people apply for a divorce without using a lawyer, especially when the divorce is fairly straightforward. However, it’s important to note that a divorce does not sort out issues relating to children or property.
Division of property must be completed within 12 months of the date of the divorce order. If you cannot resolve or foresee not being able to resolve disputes about shared assets or arrangements for children, getting legal advice from the team at Melbourne Law Studio before embarking on a divorce is essential.
To get a divorce in Victoria without a lawyer, you must fill out and file an application for divorce form. These forms can be obtained online from the Federal Circuit and Family Court website. You can file as a sole applicant, or with your spouse as joint applicants. When a divorce order is made final, you can remarry.
Since 1975, the Australian divorce process has worked under a no-fault principle. This means the only requirement for a divorce is the ‘irretrievable breakdown’ of the marriage. This is proved by being separated for 12 months with no likelihood of getting back together.
If you are a sole applicant, you must arrange for the other person to be ‘served’ with the divorce application. This involves giving your ex-partner the divorce paperwork, usually by mail.
Allow several months from the time you file to the actual date of divorce in case there are delays or problems with your application. At the hearing, the court will grant a divorce order. Your divorce will become final one month and one day after the hearing and the court will issue a divorce certificate.
Getting a lawyer is essential if there are disputes about dividing assets or determining parenting arrangements. A lawyer can help resolve issues using family dispute resolution or guide you through the process of going to court while ensuring you know your rights and entitlements.
Do you have more questions about how to get a divorce in Australia? Our team of Melbourne divorce lawyers can help. Book your free 15-minute consultation today with Melbourne Law Studio to find out more. Call us on 03 9021 1421 or contact us online.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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