Family law is a complex area of law and divorce proceedings are no different. Before you apply for a divorce, Victoria based couples should keep some of the following considerations in mind and consider seeking advice from an experienced family lawyer. Below, the team at Melbourne Law Studio has summarised some of the most pertinent things to be aware of before commencing divorce proceedings.
Within 12 months of the time of your divorce being finalised, matters such as the division of property and assets as well as parenting arrangements must be dealt with. If you delay taking legal steps, you may lose the right under the Family Law Act 1975. It’s essential, for this reason, to get legal advice as early as possible, usually even before the divorce is finalised.
You can apply for either a sole application or joint application for divorce. If you apply on your own, you must ‘serve’ the other party. This involves giving your ex-partner the divorce paperwork so they know about the proceedings. The Federal Circuit and Family Court have specific rules about serving documents and forms to prove the other person was served. For example, you can’t personally serve your former partner, but you can serve them by mail.
Before you apply for a divorce, Victoria based couples must have been separated for at least 12 months. You can get back together once for up to 3 months without re-starting the 12-month separation period.
It is possible to get a divorce if you live in the same house. The court will consider whether:
If any of the above applies to you, you should start to prepare supporting affidavits with help from a lawyer.
Got more questions about the Australian divorce process? 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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