Divorce can be challenging and stressful even if your split is amicable, but you don’t have to go it alone.
Testart’s team of experienced Melbourne divorce lawyers can ensure the process is as easy and stress-free as possible, allowing you and your ex-partner to move on with dignity. Our divorce lawyers and family law experts can guide you through every aspect of your divorce, including the divorce itself, issues of children and custody, property settlement and more.
Testart Family Law’s compassionate, experienced experts are here to help. From the first engagement to resolution – we’ll take care of you.
Book your first appointment free with our Melbourne divorce lawyers.
Do I need a Melbourne divorce lawyer?
It is possible to get a divorce without a lawyer in Australia, especially if your divorce is uncomplicated. However, a divorce only ends your marriage – it does not settle arrangements for your finances, assets or your children.
If there is any dispute over division of assets and finances, child custody or parental responsibility, it is always best to speak to a divorce lawyer right away.
With an experienced Melbourne divorce lawyer you can be confident that you will:
- Fully understand the legal process behind your divorce and any disputes.
- Know all your options so you can choose the best way forward.
- Give yourself the best possible chance to resolve issues out of court.
- Understand what you’re entitled to.
- Ensure that you can continue to care for your children after divorce.
- Give yourself the best possible chance to achieve the result that you want regarding property settlement and financial arrangements.
Most importantly, you’ll have peace of mind throughout the entire process knowing that you’re not alone – and that you’re receiving expert advice.
Learn about the divorce process
Divorce is the legal ending of a marriage. You will need to make parenting and financial arrangements outside of the divorce, either in or out of the family law courts. If you’re unsure of how the process works, whether you’re eligible, or what’s best for you and your family – speak to a Melbourne divorce lawyer at Testart Family Law for advice.
Below are the basic steps you’ll need to follow to file for a divorce in Australia:
- Apply for divorce to the Federal Circuit Court either by yourself or together with your ex-partner. The application can be completed online.
- You may need to attend court to finalise the divorce if you filed a sole application or you have children under the age of 18.
- If you file a sole application, you will need to serve your ex-partner with the divorce application.
- If you have children under the age of 18, you may need to provide details of their care following the divorce including housing, schooling and contact with each parent. You may also need to attend court.
- Your ex partner cannot oppose a divorce order. However, they may be able to dispute certain details such as the date of seperation.
- Divorce orders usually take roughly four months to finalise.
- If you wish to remarry you need to leave sufficient time for the divorce to be finalised.
While the divorce process can be relatively simple, not all couples are able to file for divorce. Check if you’re eligible below.
Divorce eligibility in Australia
To be eligible for a divorce in Australia, you, your ex-partner and your relationship must meet certain criteria:
- Either you or your ex-partner must be an Australian citizen or be lawfully present in Australia and intend to continue living here.
- Your marriage must have broken down and there must be no reasonable likelihood that you will get back together.
- You must have been separated for at least 12 months and one day.
- You must have a marriage certificate.
If you’re not sure whether you’re eligible, speak to a divorce lawyer for advice on how the law applies to your situation.
Our divorce lawyer process
We know how hard divorce can be. Whether your split has been amicable or difficult, our divorce lawyers are here to guide you through the entire process with honest legal advice and ongoing support.
Our process is designed to take the weight of your shoulders so that you can focus on what’s most important – taking care of yourself and your family:
- We start with a free first consultation. We’ll get to know you and learn about the circumstances of your divorce and what’s most important to you.
- We’ll let you know where you stand legally and suggest the best course of action based on our expert knowledge and years of experience.
- If you decide to engage our legal services, we’ll take care of you, from the first call to completion of your divorce and resolution of your legal issues.
Disputes around child care and property settlement after a divorce can be legally complex and stressful. That’s why our expert mediators are on hand to help you reach an agreement that works for both parties and avoid a protracted legal dispute.
If that’s not possible and you have to go to court, we’ll use our extensive courtroom experience to help give you the best possible chance of achieving a favourable outcome.
The benefits of hiring a divorce lawyer
We’re often asked if you need a lawyer during a divorce and our answer is always the same. While it’s possible to get a divorce without one, the legal advice you receive will often save you far more than the upfront cost.
When you hire a divorce lawyer, you’ll have an experienced expert on hand to advocate on your behalf. They’ll help you fully understand the legal process and all your options so that you can choose the best way forward for you.
With their in-depth understanding of the law and experience resolving disputes, your divorce lawyer will also give you the best possible chance of resolving disputes out of court. This could save you thousands of dollars and days of stress. Your divorce lawyer will also ensure that you have the best possible chance of achieving the resolution that you want regarding property settlement and childcare arrangements.
With a divorce lawyer on hand, you won’t be facing this alone – we’ll be by your side giving you expert legal advice from day one.
How can we help you?
Experienced, compassionate Melbourne divorce lawyers
Testart’s Melbourne divorce lawyers are experienced and compassionate. We know how to minimise the stress of navigating a divorce – and how to give you the best possible chance of achieving a positive result.
From the first engagement to resolution, we’ll take care of you. Get in touch with Testart Family Law today to find out how we can help you or book your first FREE appointment.