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.
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.