In your time of need, do you want to be able to easily find and contact a lawyer? The team at In My Community has created a list for just that purpose. We also know how important it is not only finding the right lawyer but one who specialises in what’s been happening with your case! So we’ve researched which solicitors are experts on specific cases like yours so they can give more personalised family law service.
The lawyers listed below have been selected with family law criteria in mind. We looked for a law firm that would be able to help us through what we’re already going through, and then searched specifically for accredited specialists within their given fields of expertise who were most qualified to do so!
The attorneys below specialise on everything from divorce or general disputes all the way up to child custody. Give them a call and book an appointment today.
Testart Family Lawyers Divorce Law In Melbourne
Family Law Solicitors Melbourne
Nobody wants to go to court. At Testart Family Lawyers, we encourage all forms of alternative dispute resolution by our family lawyers in Malvern, Camberwell, Balwyn, Hawthorn & Melbourne.
We know the inside of a courtroom, so we can do our best to ensure that you won’t need to spend any unnecessary time or expense with the court process. We have nationally accredited mediators. And if your matter does require going to court, we can meet all of your family law needs, appearing on your behalf at interim hearings, conciliation conferences, final hearings and appeals.
At Testart Family Lawyers, we specialise in family law Melbourne, Kew, Hawthorn, Balwyn and Camberwell including:
Property and Financial Settlements
Pre-Nuptial Agreements and Binding Financial Agreements
De Facto and Same Sex Relationships
Childrens’ and Parenting Orders (including child custody, shared parenting, access to children, children’s living arrangements and relocation)
Family Violence and Intervention Order Applications
Hague Convention applications
Testart Family Lawyers aims to provide its clients with the most efficient, cost-effective and painless resolution to their family law problems. Testart Family Lawyers strives to get the best deal for its clients.
Relationship breakdowns are incredibly stressful and traumatic. They are also incredibly expensive. Engaging a family lawyer is a significant commitment of trust and confidence, as well as a substantial financial investment. Unfortunately, approximately 40% of all marriages in Australia end in divorce, and so there is an inherently high demand for family law services.
Marc Testart is the Principal Family Lawyer (solicitor) at Testart Family Lawyers. He was formerly a barrister and as a result he has extensive experience in court room advocacy. He has appeared in court in numerous contested family law trials. He has also appeared in appellate courts in family law matters.
This experience has given him a unique insight into some of the pitfalls which clients face in family law. The vast majority of family law solicitors, on the other hand, have little or no courtroom experience. Marc’s unique experience enables him to plan ahead in order to minimise these pitfalls. This enables him to provide a way to maximise the opportunities for his clients to obtain the most efficient and favourable settlement and the best experience for the client. Marc’s ability to anticipate the likely course of a matter should it proceed to court allows him to add substantial value for his clients.
Family Divorce lawyers to help you cope now in Melbourne
During a separation things can become stressful and emotional between partners and families. Our professional family divorce lawyers in Melbourne are able to help with negotiations and mediation as the initial step towards a solution. This includes handling both issues with property and children that result from your divorce, including the settlement itself.
When necessary, we can also then advocate the matter for you in court.
Our divorce lawyers are experienced in all areas of advocacy, and can provide advice and representation for all things that arise throughout the duration of your proceedings.
Are you able to apply for divorce?
For separated couples, the final stage of permanent separation is divorce. If you have ended a marriage, and have been separated from your partner and you and wish to remarry, you must apply to the court for a divorce certificate.
To be eligible for an application, you must have been separated from your spouse for a period of 12 months with no likely reconciliation of your marriage.
If you have been separated whilst living under the same roof, you may still be able to apply. You can still be viewed as separated if you have been living together during the required 12 month period. Speak to a divorce lawyer in Melbourne to see if this relevant to your situation.
If your spouse has been living abroad and you are unaware of their whereabouts, you can apply through a substituted service.
At any time following your separation you can apply for orders in relation to children and/or property to be finalised.
There are time limits in relation to any property of the relationship, and you must apply to finalise these matters within one year of your divorce.
Mediation is the first step
This is a place to discuss, and come to resolutions for important areas resulting from the end of a relationship. It is preferable to be able to clear on all issues and come to a resolution without the need to take the situation to the court.
Kenna Teasdale Lawyers
Marriage and relationship breakdown can be an emotionally stressful time for all involved. We help make things less complicated with strategic legal guidance and advice to support you and your family.
While you need to be separated for 12 months before you can apply for a divorce, you are able to settle your property, financial and parental matters before an official divorce application is filed.
Parental arrangements for
the care of children
Melbourne Family Lawyers
Divorce Lawyers Melbourne
You can only apply for divorce under Australian Law after you have been separated for a period of at least one year. In 1976, the Family Law Act established a “no-fault divorce” system in Australia. This means that only ground required for divorce is that the marriage has broken down irretrievably- who is to blame is irrelevant. If there are children aged under 18 years old, the Court can only grant a Divorce if it is satisfied that proper arrangements have been made for the welfare of those children.
If both parties agree, you may apply for a Joint Application for Divorce. However, if the other party does not “agree” to a Divorce, this does not present a problem as you can still apply for Divorce on your own- but it will be necessary to serve the Divorce Application on the other Spouse prior to the Divorce Hearing. Even if the other party objects to the Divorce, the Court will grant the Divorce as long as there is evidence of a one year separation and proper arrangements having been made for the welfare of the children. Subject to proof of separation, it is sometimes possible to obtain a Divorce if there has been a separation under the one roof.
If you only wish to settle property and financial issues and/or child arrangements, it is not obligatory to apply for a Divorce. You do not have to wait for a year before dealing with property and child issues as a Divorce is a separate independent Court Case.
A Divorce Order, once granted at the Divorce Hearing, does not become final until one month and one day after the Divorce Hearing and you should not finalise any arrangements to remarry until the Court has fixed the date on which the Divorce is to become final.
An Australian Court may have Jurisdiction to grant a Divorce even if the parties no longer live in Australia. Please refer to our International Family Law section of this website for further information.
For further Specialist advice, call Melbourne Family Lawyers today for an appointment on +613 9670 9677.
Established in Melbourne since 1985.
BlackWood Family Lawyers
“If you have separated, or are thinking of separating, our experienced family lawyers can advise you about your rights and entitlements in family law.”
We understand that separation is an enormously stressful time for everyone involved. You will need to know how family law works, and what it means for your situation. We give you practical advice in a way that gives you a real understanding of what to expect, and how to work towards the best solution.
If you have already separated, it is important that you see us as soon as possible so we can help you deal with the impact on your finances, children and lifestyle.
If you are thinking of separating, seeing us before you separate can give you more options and, if you do separate, help avoid complications and make the process smoother and easier.
THE SEPARATION AND DIVORCE JOURNEY
All journeys tend to proceed a lot more smoothly and with a lot less bumps along the way when the direction or route to be taken has been carefully considered, weighed up and prepared for.
Most of us would agree that it would be foolish to embark on a challenging bush walk without a map of the terrain, water bottle, fire lighters, shelter, a compass etc. and without researching which route we should take to best meet our needs in terms of our fitness level, available time, weather forecast, provisions needed along the way and so on.
Our careful planning for such an event ensures we are best placed to overcome any difficulties that might arise along the way.
Separation and divorce are likewise a journey and for most people a difficult, unfamiliar and challenging one.
In common with all difficult journeys, things will proceed more productively, when the route to be followed has been well thought out and planned in advance.
At Resolve Conflict, we will encourage you to carefully consider the route to be taken for your family, rather than simply focusing on the outcome.
That is not to suggest for a moment that the outcome is unimportant, rather that experience teaches us, we have a much better chance of getting to the end without major mishap or drama, if we plan the route carefully and stay safe along the way.
Part of our service is to provide practical advice and guidance about the different process choices that are available to your family as you negotiate your way from being a family that lives all together to becoming a family that lives apart.
Australian Family Lawyers
Going through a separation is difficult for everyone involved. At Australian Family Lawyers, we provide you with straightforward advice and representation when you need it most.
Dedicated and caring family lawyers for your separation
When a de facto relationship or marriage breaks down and you make the decision to separate, you need information and advice on how to proceed. Now that you have made the tough emotional choice, you will need to make some practical decisions, like organising parenting arrangements, property settlements, and divorce proceedings.
The process of separation
When separating from your partner, your partner does not need to agree to the separation, but they do need to know that you think the relationship is over.
When going through a separation you will need to divide any shared assets, property, and parenting responsibilities. It is helpful to speak to an experienced separation lawyer from the start to protect your rights and interests from the outset.
A separation lawyer can help you to understand how the law applies to your situation and will help you to commence any relevant proceedings such as arranging a family dispute resolution conference.
If you and your ex-partner are able to agree on how to divide your assets and care of any children, you may be able to finalise your separation without needing to attend court.
Sometimes an agreement cannot be reached about how to divide assets or care of children, which may require you to attend court to have a decision made on your behalf.
If you wish to apply for a divorce from your ex-partner you will need to show that you have been separated for a period of 12 months with no chance of reconciliation. A divorce must be lodged with the court.
Caroline Counsel Family Lawyers
Thinking of Separating?
Best divorce lawyers Melbourne: how we can help
Are you thinking of separating and do not know who to turn to or what comes next? You are probably asking yourself many questions, such as “Will I be alright?” “Will this damage my kids?” “Will I be able to survive financially?” These questions are common and there are solutions with which we can help you.
Separation can be a very distressing time and you will need the very best advice and support. As one of the best separation lawyers Melbourne has to offer, we can offer you a support network of allied professionals to help you and your family to cope.
I want to separate: now what?
As a team of experienced divorce lawyers Melbourne has come to know and trust, we can advise you on what you need to know before you separate. Having the right information ahead of time may result in a better outcome in the long run.
In a one hour discussion, we can determine what it is that you need to know to help you make choices about your next steps. Our job is to help you in this decision-making phase and assist you to identify what is important to you.
There are also a number of professional organisations that we can put you in touch with to assist you in making the right choices from the very beginning of the separation process.
Working with our separation lawyers in Melbourne
If you are thinking of separating, speaking with the best divorce lawyers Melbourne has available to you before you make the decision to separate can give you more options.
If you do separate, it can also make the process smoother and easier by helping to avoid complications. If you have already separated, then it is important for you to reach out to us as soon as possible so that we can help you deal with the impact it has upon your children, lifestyle and finances.
In the event of a separation, we will work closely with you to ensure that you have a clear understanding of each step of the process. We will assist with compiling and filing all relevant legal documentation, and offer advice for matters in relation to children and property or financial settlement.
What if I am unsure?
We can provide practical advice in a way that gives you a real understanding of what to expect, and how to work towards the best solution for you. If you are undecided about whether or not to separate, our separation lawyers in Melbourne can also refer you to counselling services to:
Assist you to decide about separation or
Work with you and your partner to improve your communication and relationship. Regardless of whether or not separation becomes final, particularly if you have children, it is essential that you can communicate with each other.
Help you understand what is about to happen for your children.
Work with your partner to help the family transition from an intact family to a separated family.
Taussig Cherrie Fildes
Divorce & Separation
Divorce is the legal dissolution of a marriage.
Either party may apply for divorce after separation from a spouse of 12 months. It is possible for separation to have occurred while the couple lived under one roof.
Divorce is a separate application and can be initiated before or after a financial settlement and resolving arrangements in relation to children. A divorce application is filed in the Federal Circuit Court of Australia.
Our lawyers can assist you to apply for, or respond to, an application for divorce.
We can advise on the legal consequences of a divorce, including time limits that apply after a divorce has taken effect.
Nicholes Family Lawyers
Complex Property and Trusts
Nicholes Family Lawyers is uniquely experienced in large complex property matters. A number of our practitioners have a background in large public practice law firms where they have specialised in such matters bringing this unique experience to our firm.
In our property matters we often see a myriad of entities used to either run a complex business or to manage passive investments. Each entity type such as a company, trust, partnership or superannuation fund have unique differences which are important to understand. It is often in fine detail within our client’s entities that we find issues which can impact on a parties’ overall entitlement in a property settlement. There are multiple reasons why entities are incorporated or established, such as:
Operational risk of their business activities, often requiring multiple entities.
To act as a trustee of a trust or superannuation fund.
Dormant with the intention of future use.
To act as a shareholder or appointor.
Flexibility of profit streaming, income and taxation issues.
To act as a landlord.
Naming rights to preclude another entity obtaining that name.
Special or other purpose.
We frequently see the use of trusts in our client’s corporate structures predominately due to a trust being an appropriate vehicle for most business and personal situations. There are many different trusts we see in practice including:
Discretionary (commonly known as a family trust).
The Family Law Courts can lift the corporate veil on complex corporate and trust structures, so it is critical your lawyer can too. Combined with the appropriate experts (as needed) we can advise you with respect to corporate structures as they intersect with your family law matter.
Our expertise in large complex property matters has a significant impact to understanding and quantifying the matrimonial property pool. Through unpacking your financial circumstances there are some non-obvious complex questions which may generate substantial leverage or will have a significant financial impact to the value of your property pool for which your lawyer needs to be aware.
Sadly, we often see protection measures put in place to attempt to evade a parties’ family law entitlements. Through our use of both in-house and external forensic accounting services you can be assured that your rights will be properly represented even if you have little to no financial understanding or visibility of your family wealth.
High net worth individual’s complex property matters can span across all industries, our relevant industry experience includes:
Pharmaceutical and Medical
Property Development and Construction
Information Technology and Security
Expert family law advice in Melbourne and regional Victoria
MDW’s specialist family and relationship law team is consistently recognised as one of Melbourne’s leading family and relationship law firms in Doyle’s Guide, specialising in achieving pragmatic and commercial outcomes in complex financial disputes and challenging parenting and child support matters.
Our lawyers are individually recognised by Doyle’s Guide as leading family and relationship lawyers and include several Accredited Specialists.
We pride ourselves on empathetic and client-centred practice. You will receive early and pragmatic advice and you will have direct, responsive and timely communication with the lawyer handling your case. With the benefit of our expertise and experience, our clients achieve early and cost-effective outcomes. We have a focus on early dispute resolution and are well placed to take strong and decisive action when required.
Premium family law services
We offer services in the following areas:
De Facto Relationships
Asset Protection and Strategic Planning
In more than 45 years’ practice in family and relationship law, our firm has developed strong relationships with allied professionals who can assist you to negotiate the complexities of family and relationship law, including accountants, psychologists (including child specialists), counsellors, financial planners and mortgage brokers.
Accessible Family Law
Spousal maintenance is an obligation that one partner might have to maintain the other financially after separation or divorce if their ex-partner cannot support themselves.
Spousal maintenance is a separate and distinctly different matter from child maintenance and support. Any entitlements you may have to financial support from your former partner will depend on your respective financial situations.
When we meet with you we will discuss spousal maintenance so that you understand your options and can start to make decisions about the future.
After separation arrangements for the financial support of children need to be considered. When we meet with you we will take you through the various options you have relating to child support. We will discuss with you informal child support arrangements, child support under the child support system and child support agreements.
Adult Child Maintenance
Once a child turns 18 or finishes high school child support typically ends, sometimes however a child who is over 18 may require ongoing financial support from a parent if the child:
is completing their secondary or tertiary education – they are at high school, TAFE, university, or a course at a private college (apprenticeships may also be included)
has a serious illness
has a physical or mental disability.
This is called adult child maintenance. An adult child who is married or living in a de-facto relationship is not able to get adult child maintenance. We can advise you about adult child maintenance.
Mepstead Lawyers & Berwick Legal
Children and/or Property Disputes
Mepstead Lawyers provide cost effective representation in Family Law and De Facto property disputes. This area of law is ever changing and is further complicated by the emotional and economic impact of these disputes between family members. Our team is well aware of these issues and has developed a strong reputation for expert advice in a sensitive and professional manner.
We will be open with you about your rights, and anything you discuss with us as your family law lawyer is covered under the attorney-client privilege. This means that anything you tell us is confidential and protected from disclosure later, even if you choose not to retain Mepstead Lawyers as your family law lawyers.
Intervention Orders can be a complex and costly situation whether you are the Aggrieved Family Member (AFM sometimes referred to as the Applicant) or the Respondent. It is essential that you receive timely legal advice as to your rights and obligations. Whilst an Intervention Order is a “civil” matter a breach is a serious criminal offence that the Courts do not take lightly. Mepstead lawyers can assist you in negotiating an amicable resolution in the best interests of all parties whether it be an undertaking, an agreed or limited Order or a Order by consent with no admissions or contesting an application at trial.
After the initial consultation we will present you with initial advice or options to enable you to make an informed decision whether to pursue the matter further.
Binding Financial Agreement?
A Financial Agreement can be made either a married or DeFacto couple or by a couple intending to be married or entering into a DeFacto relationship:
De Facto couples
Before entering into a de facto relationship (s90UB);
During a de facto relationship (s90UC); and
After the breakdown of a de facto relationship (s90UD).
Before entering into a marriage (s90B);
During a marriage (s90C);
After a divorce order has been made in relation to a marriage (s90D).
What is the effect of a Binding Financial Agreement?
A Binding Financial Agreement will prevent either party to the relationship from making an Application to the Family Court for the division of property. It also allows the parties of the relationship to determine how to divide their property and financial resources in the event of separation.
What are the benefits of making a Binding Financial Agreement?
Binding Financial Agreements allow the parties to determine how the property and financial resources of either or both parties will be dealt with in the event of separation and can also set out maintenance rights of either party in the event of separation. Financial Agreements are useful in protecting assets (estate planning) especially if either or both parties have children from a previous relationship and they want to protect their assets for their children in the event of incapacity or death.
By entering a Binding Financial Agreement, each party to the relationship can decide who will receive their assets in the event of incapacity or death and pursuant to section 90H and 90UK of the Act, a Financial Agreement or Part VIIIAB Financial Agreement will continue to operate in the event of incapacity or death of a party to the agreement and will be binding on the legal personal representatives of that party’s estate (executors, administrators and attorneys).
Some of the benefits of making a Financial Agreement are as follows:
Fast and effective as Binding Financial Agreements can be completed within seven (7) days;
Instructions can be taken via email and only one (1) attendance at our office is required;
A Financial Agreement can avoid conflict and costly litigation in the event of separation;
Your wishes will be carried out in the event of incapacity or death;
No requirement to attend Court when making a Financial Agreement;
A Binding Financial Agreement does not need to be lodged with the Court for approval; and
Your wishes will be carried out in the event of incapacity or death.
Divorce ProceedingsIn short, divorce is a legal finalisation of a marriage. Our lawyers are well-equipped to handle both simple and complex cases. Most cases are easily resolved. The case only becomes more complex if parties have been separated under one roof, or due to location-based difficulties.
Nevett Ford Lawyers
Our family law team has a wealth of experience assisting clients dealing with a full range of simple to very complex property law matters, parenting disputes, intervention orders and criminal charges.
Members of the team include Senior Lawyer Richard Hamilton, Lawyer Erin Trantino and paralegal Stacey Raphael.
We regularly deal with helping people going through a separation to obtain an outcome that they are happy with both in relation to property and parenting matters. We deal with complex intermingled trust and company issues, but also help with working out how the family home and your superannuation can be best protected, or fairly apportioned between parties.
We often provide advice to clients at the beginning of relationships to help them achieve better asset protection structures, or to ensure that they have clarity about what would happen in the unlikely event of a separation. Often, we draft financial agreements, or ‘pre nups’ in these situation.
Our team also deals with all types of divorce, spousal maintenance, intervention order and breach of intervention order matters. We have an extensive network of referrers who can also assist you with taxation advice, further financial planning, or more complex criminal matters.
The Nevett Ford Melbourne difference is that we genuinely believe in putting our client’s experience of the legal system and our service as a priority. This means we are open and transparent with you about the process, and the cost, of our service and the family law.
We are able to provide advice in English, French and some Malay, and we have in-house translators for Mandarin and Cantonese-speaking clients.
BEST FAMILY LAWYERS MELBOURNE CBD
Family law is all about relationships. As a family-run legal practice, our priority is looking after other families. The world of family lawyers Melbourne can often be complicated and confusing, but our experience will help countless families even through the toughest situations. At Costanzo Lawyers, we are known for our sympathetic approach and pragmatic solutions, which allows us to build positive and long-lasting relationships, with our clients. If you are looking for a best law firm in Melbourne who listen carefully to your needs and work closely with you to win the case or give solutions which you want, our one of the best family Law lawyers Melbourne CBD are here to help you.
Close personal relationships don’t just involve married couples. We understand the implications surrounding de facto relationships and have the necessary expertise to carefully advise you on everything from assets to property settlement.
Property settlement is one of the major issues that separating parties must deal with after divorce. If you cannot reach an agreement, you will need to file an application for property settlement in the appropriate Court.
If you and your partner are contemplating marriage or you wish to formalise the financial arrangements that you’ve made with a spouse or a de facto partner, then you should consider the potential advantages of entering into a prenuptial agreement or a pre cohabitation agreement.
Binding Financial Agreements (BFAs) allow parties to agree on their legal rights (including the division of property) without resorting to the Jurisdiction of the Family Court. We can help you create BFAs either before, during a relationship or after separation.
As well as the emotional turmoil of a relationship breakdown, your financial assets are at risk and you may be uncertain as to what your future holds. Costanzo Lawyers is here to help you through your difficult time. Learn more here.
Restraining orders can offer protection from family violence and personal violence as well as threats to persons or property. We can provide you with quick and practical advice and help to resolve this challenging issue.
Coote Family Lawyers
Accredited Family Law Specialists
We tailor our service to your needs
At Coote Family Lawyers, we assess your individual situation and match you with an experienced family law specialist who will guide you through the legal process.
We strive for practical legal solutions that save unnecessary stress and expense. We are transparent about our fees and provide detailed information about our rates as cases progress, including an initial estimate of overall costs based on your specific circumstances.
In addition to legal guidance, we also connect you with an established network of referral services, ensuring you receive the support you need when times get tough.
Melbourne’s family law experts
Our team is broadly experienced in all areas of divorce and family law. We are clear in communication, fearless in litigation and strategic yet supportive in approach.
At Coote Family Lawyers we are skilled in children’s arrangements, property settlements, child support, de facto and same-sex relationships, divorce, autonomous ageing, conveyancing and wills and estates.
Our family law experts advise on financial and parenting matters involving international jurisdictions.
Carew Counsel Solicitors
Divorce & Separation
Our team of highly trained divorce lawyers are here to help make the divorce process as efficient and cost-effective as possible.
Divorce and separation is a major area in the family law jurisdiction, and this is an area of practice we are well versed in. Before divorce comes separation, and a period of separation is needed for at least twelve months before divorce can even be applied for. In Australia, there is no requirement of fault to obtain a divorce, with divorce being granted once irretrievable breakdown of marriage is demonstrated by a period of twelve months separation. Parties may be separated for twelve months despite the fact they continue to live under the one roof, though additional evidence is required to corroborate this.
Divorce, the Court’s declaration that a marriage no longer exists, means that once Court proceedings have been finalised, the property settlement must be commenced within twelve months’ time. Some of our clients choose to finalise all financial arrangements prior to the divorce procedure but every case is different. When the Court is satisfied that all criteria for a divorce has been met, then one will be granted on the basis of there being no appeal. It will then become absolute in a month, after which time you can remarry.
When children under legal age are involved in the case, the matter can be a little more complex. For children over eighteen years old, Court presence is not required and the matter will be dealt with in your absence. If, however, this is not case and there are children under the age of eighteen involved, the Court will not grant divorce until matters relating to children have been taken care of.
We understand that navigating through the divorce process can be an emotional and challenging time, and we will guide you through it with sensitivity and compassion for your particular circumstances and case, while always seeking the best outcome for all concerned. Our team of lawyers are highly experienced in the area of divorce and have decades of experiences advocating for our clients to fruitful results.
Clancy & Triado
Initiating and finalising a divorce may be one of the most stressful and difficult times you will ever experience. At Clancy & Triado, our experts in family law are here to advise you on your rights and obligations and to help you navigate the legal process.
At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.
Divorce & Separation
At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.
You can apply for a divorce if you have been married and separated for at least one year. It is possible to be separated yet living under one roof, however you and your former partner must have lead separate lives during that period, it must be clear to family and friends that you have been separated, and you will need to provide evidence supporting the separation from a third party.
If you and your former partner agree, you can apply for a Joint Application for divorce. Even if your former partner does not agree, you can still proceed with a sole divorce application, as long as the necessary documents are served on your former spouse prior to the divorce hearing.
At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.
Rights and Obligations
If your marriage breaks down, you have rights and obligations that may include property settlement and spousal maintenance. We strongly recommend that you obtain legal advice before you apply for a divorce, as your divorce and/or the date of separation may affect your entitlement to a property settlement and spousal maintenance. Similarly, a divorce may affect your Will and any entitlements you may have under another person’s Will or pursuant to any Trust.
Mitchell Family Law
Divorce & Family Law
Mitchell Family Law’s solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including:
Marriage, De Facto and Divorce Law Divorce in Australia including preparing and serving divorce papers,
Legal separation issues,
Annulment of marriages,
Binding Financial Agreements,
Domestic and family violence and apprehended violence orders (AVOs),
Family Mediation Legal representation at Family Court,
Child support and enforcement of payments,
Parenting plans for child custody and visitation,
Parental rights, father’s rights and grandparent’s rights,
Guardianship of children,
Sayer Jones can assist you in obtaining a Divorce in Australia by taking care of the preparation and lodgement of your application, and attending on your behalf at a Court hearing to ensure approval.
When Can I Get A Divorce?
The Family Law Act 1975 as amended established “no fault based divorce” in Australia. Accordingly, the only grounds necessary to enable you to apply for a divorce is the irretrievable breakdown of your marriage, as evidenced by 12 months’ separation.
It is possible for parties to be separated for 12 months even though they have spent part of that time separated under one roof. Additional evidence is necessary to corroborate that separation under one roof has occurred, usually in the form of supporting affidavit material which we can prepare on your behalf.
How To Get A Divorce
After you and your spouse have been separated for a period of 12 months, application can be made to the Federal Magistrates’ Court of Australia. If there are children of the marriage aged under 18 years, the Court will only grant a divorce if it is satisfied that ‘proper arrangements are in place’ for the welfare of the children.
Specialist Family Law Firm in Melbourne
Family law is a broad area of law. The Westminster Lawyers team has the requisite expertise and experience across all aspects. We’re a full-service family law firm in Melbourne, with five of our lawyers Accredited Specialists in Family Law. We offer multiple services to ensure that any ancillary issues arising from your family law or relationship matter can be handled by our team. Although our family lawyers are experienced in litigation, we have a commitment to avoid court proceedings where it is in our clients’ best interest to do so.
Family Mediation In Melbourne
Mediation is a simple and comparatively inexpensive form of alternative dispute resolution. The object of mediation is to assist disputing parties to focus on their problems, constructively discuss options for resolution and, if possible, agree upon a solution. Even where matters are the subject of Court proceedings, parties are often referred to a mediator for the purpose of exploring settlement options. Our three Directors, Michael Lefebvre, Julian McDonald and Tony Salce are all accredited AIFLAM mediators and regularly assist parties to mediate their disputes without the need for Court proceedings. Our Melbourne family mediation services are also available to parties who wish to mediate without being represented by their own lawyers.
Family Violence Lawyer
Family violence is considered a fundamental violation of human rights by Victorian law. It is a serious matter and quality legal representation is important. Our team of lawyers at Westminsters can help you understand the requirements of every step of your case and assist you in reaching an outcome that protects your safety. If you’ve been charged with family violence, you need immediate help.
Barbayannis Lawyers is a boutique law firm in suburban Melbourne, practising in all aspects of family and de facto relationship law, wills, probate and deceased estates litigation.
We have an experienced and dedicated team of seven lawyers who are accessible, understanding and responsive. We strive to achieve the most strategic and advantageous outcomes for our clients. We pride ourselves on offering quality services aimed at assisting our clients in resolving their matters in the best possible way, with the least amount of stress and cost involved.
Family and De Facto Relationship Law
Pre-nuptial and financial agreements
Defacto and same sex agreements
Family Law Matters
Complex financial disputes
Same sex relationships
Injunctions and restraining orders
Adult Child Maintenance
Relocation, overseas and interstate
Independent Children’s Lawyer (ICL)
International Abduction matters (Hague matters)
International family law disputes
Barry Nilsson Lawyers
Applying for a divorce
Parties separate when one spouse communicates to the other spouse their intention to be separated. It is possible to be separated whilst both parties reside in the same accommodation however, proof of separation will be required.
In order to obtain a divorce, it must be demonstrated that the marriage has broken down irretrievably. To do so, the parties must satisfy the court that they have separated and continued to live separately for a period of 12 months. The date of filing a divorce application must be at least 1 month and 1 day after separation occurred. If there are children under 18 as a result of the marriage, the court must be satisfied that there are proper arrangements in place for the welfare of the children prior to granting the divorce.
An application for divorce must be filed in the Federal Circuit Court and upon doing so, the matter will be given a hearing date. If there are children of the marriage under the age of 18, the applicant will be required to attend the hearing. At the hearing, once the court is satisfied that the marriage has broken down irretrievably, and if there are children of the marriage, that arrangements have been put in place for the welfare and development of the children, the court will grant a divorce order, which becomes final one month later.
A divorce lawyer can help you at every stage of the process and assist you with dealing with the courts. Our team of Melbourne and Brisbane divorce lawyers are only a call away.
WHAT WE DO
YOUR SEPARATION AND DIVORCE MAY BE A COMPLEX MATTER. LET US ASSIST YOU BY PROVIDING ADVICE FOR ALL TYPES OF POST SEPARATION PROCEEDINGS INCLUDING:
Advice regarding marriages solemnised overseas
CE Family Law
Family Law is all we do.
We use our extensive specialist family law experience to provide clients reassurance that they are engaging lawyers who have walked this path many times and will be by their side to guide them to the best possible outcome.
+ Safety & Welfare
Your safety and welfare and that of your children is of the utmost importance. We understand the urgency of these situations and we are well equipped to deal with these issues as a matter of urgency by advising you about and assisting you to obtain Intervention Orders or other required Court Orders.
+ Settlement and Resolution
If you and your former partner are separated or considering separating, you may be able to come to a negotiated agreement.
This may involve:
Assisting you to negotiate directly with your former partner;
Negotiating directly with your former partner;
Negotiating with your former partner’s lawyer;
Attending a mediation;
Attending a Round Table Conference with you, your former partner and your lawyer.
If a negotiated agreement is not possible, then litigation may need to be considered. We can help you navigate the whole process and all of your options.
We have extensive experience in dealing with issues of family violence, child abuse and situations where mental health is a factor. We understand the difficulties and issues involved, and we are here to offer you support and practical assistance.
What are the grounds for divorce?
Under the Family Law Act there is only one ground for divorce, that being that the marriage has broken
down beyond repair. This is established by separation of no less than 12 months. If there was a brief
reconciliation (of no more than three months) then the Court can calculate the period of separation
before and after reconciliation as one continuous period.
Are you considered separated even though you are both living under the same
The answer is yes. In this case you will have to satisfy the Court that you were truly separated although
still living at the same residence, and the Court may require evidence from some other person to
confirm what you say about the circumstances of the separation.
Does it make any difference who applies for the divorce and how do you go
about making an application for divorce?
To formally end your marriage you need to apply for a divorce. You can apply for a divorce on your own
or you can make a joint application with your spouse.
When you apply for a divorce you need to show that:
• you were married (a photocopy of your Marriage Certificate is required);
• you separated at least 12 months ago; and
• there is no likelihood of you and your spouse reconciling.
The Court can consider your application for divorce if either you or your spouse: is ordinarily resident in Australia; or is an Australian citizen; or regards Australia as their permanent home
Our Family Law Team will listen to you, understand the things that concern you and provide sensible advice and a strategic plan to achieve the best solution for you. They will represent you in a way that implements your strategic plan and achieves your goals in the best possible way.
Areas of Expertise
Assessing a client’s situation and advising the best legal options
Suggesting expedient and cost-effective solutions in order to minimise emotional and financial stress
Negotiating and drafting Binding Financial Agreements applicable to domestic (de-facto) and/or same sex relationships
Negotiating fair and sensible outcomes for property division and children’s arrangements following the breakdown of marriages and relationships
Representing clients in mediations and other dispute resolution processes
Obtaining valuations of matrimonial assets, including complex business interests and corporate structures
Tracing of assets/income streams and obtaining forensic accounting advice if appropriate
Representing clients in contested court proceedings relating to property division, spousal maintenance claims, and/or urgent proceedings involving restraints and injunctions, e.g. sole use of former matrimonial home
Representing clients in contested court proceedings relating to arrangements for children, including:
who a child is to live with
arrangements for a child to spend time with and communicate with a parent
relocation issues (including the unlawful removal of children from the jurisdiction)
passport disputes, and other specific issues
Representing clients in child support and adult child maintenance disputes and negotiating and drafting private Child Support AgreementsLaw institute of victoria accredited specialists
Negotiating and drafting superannuation splitting orders and agreements
Preparing and appearing in Divorce Applications
Representing clients in Intervention Order Applications
Pearsons Family Law
Divorce Lawyers Melbourne
Divorce and separation are the focus of our expertise. Book your free initial consultation with our expert family lawyers today and know where you stand. Our services cover:
Divorce Applications & Separation Declarations
Binding Financial Agreements
Child Support & Custody Arrangements
De Facto & Same Sex Relationships
Waters & Co. Lawyers
Family Law Solicitors Near South Morang & Thomastown
Marriage, De facto & Divorce
Established in 1987, Waters & Co Lawyers represents clients in all types of family disputes, immigration matters, civil & litigation disputes and more. Our firm has a committed team of dedicated attorneys who will work with you closely and get to know you and your case. Our clients are treated like family—we pride ourselves on getting to know you as representing people and fighting for them is our mission.
Marriage, De facto & Divorce
Our family lawyers provide expert legal service with a degree of care and sensitivity. We have expertise in helping people navigate highly complex family law issues that may seem impossible to solve. No matter how defeated or exhausted you feel, we know how to identify a clear path forward so that there’s never a reason to give up.
We can assist you will all aspect of your family law matter, including:
Prenuptial agreements (prenups)
Divorce in Australia including preparing and serving divorce papers
Legal separation issues
Annulment of marriages
Binding financial agreements
Domestic and family violence and Apprehended Violence Orders (AVOs)
Legal representation at family court