If you are searching for a divorce lawyer Melbourne, you know how challenging and stressful a divorce can be for you and everyone else affected. That is why you need a trustworthy lawyer who can manage all your legal matters and process your divorce application with expertise. Divorce is hard for many people. It is not just the emotional pain of ending a relationship, but also the hassle of dealing with legal and financial matters. Having children makes it even more complicated, as you have to think about who will take care of them and how to share parenting responsibilities.
Elamine Family Lawyers have experience with divorce cases of every kind, whether they are easy and cordial or hard and disputed. Our family lawyers can guide you through the process and help you understand the considerations and factors that will influence the best result for you and your family.
Family Law Act 1975
The Family Law Act of 1975 was a major reform for the family law system in Australia. One of its main features was the introduction of a “no-fault” divorce principle, which allowed divorces to be granted based on the irreparable breakdown of marriage without blaming anyone. This implies that the Court does not take into account the cause/s of the marital breakdown when issuing a divorce. No evidence is required from either spouse to show that the other was (or was not) at fault for the end of the marriage.
The Act prioritized the best interests of children, making it the main factor in decisions about custody and access. The Act has been changed over time to suit changing social standards, but its core principles still have an impact on the Australian family law system, supporting child welfare, collaborative parenting, and fair resolutions.
How to apply for Divorce in Melbourne
Before you can file for divorce in Melbourne, you need to meet these conditions:
You have a legal marriage.
You have lived apart for at least 12 months.
If your marriage lasted less than two years or you have kids, you may have to meet some extra conditions.
We understand that getting divorced can be hard and stressful. Our divorce lawyers in Melbourne can assist you with your divorce application and ensure that you comply with all the conditions.
Why Choose Elamine Divorce Lawyer Melbourne
Our professional team has a technological advantage over others. We are passionate about court data, current trends of cases, and various technological platforms that can help us find cases similar to yours in minutes.
We are proud of our flawless record of finalising divorce law cases in very short time frames. We achieve this by relying on current and historical data of divorce law cases, rather than using the conventional way of practicing law. We also use our experience to devise calculated strategies that give our clients a realistic picture of an outcome.
We work hard to get the best outcome for you, regardless of the difficulty or simplicity of your case. You can reach us anytime to talk about your case, as we value clear and constant communication. We will inform you of our fees in writing before we start working on your case.
Our Services
Divorce Expertise: We provide comprehensive assistance throughout the divorce process, ensuring the protection of you, your family, your property, and your financial assets.
Child Custody Solutions: We always put your child’s well-being first when deciding on child custody arrangements. We strive to create a stable and secure environment for all parties involved.
Asset Allocation: We will fight for your best interests throughout the process, which involves seeking a fair division of assets and indicating a reasonable distribution rather than an equal one.
Alimony Advocacy: Dealing with alimony issues during a divorce can be complex. We offer a strong voice to safeguard your financial future and defend your interests.
Uncontested Divorce: Even if both spouses agree that divorce is the best option for their family, they should not proceed without the help of a lawyer. Divorce is a legal procedure, and certain steps must be followed.
FAQs( Family Lawyer Melbourne)
Do I need a reason to get a divorce?
In Australia, the law does not require any specific reason for divorce, except that the marriage has failed ‘beyond repair’. This can be shown by living apart for 12 months with no intention of reconciling.
How long does it take for a divorce case in Melbourne?
To file an Application for Divorce in Melbourne, Australia, spouses need to be separated for 12 months at least. After the application is submitted, it usually takes about 3 months for the divorce order to be final.
When can I apply for a divorce?
You can only file for a divorce after 12 months of separation. This is the reason why many people prioritize resolving their property and financial affairs and any issues related to their children before that.
Can my spouse refuse a divorce?
You can’t refuse divorce under the Family Law Act, even if only one party wants it and the other doesn’t. Most of the time, both parties agree to divorce.
You need to make sure the other party gets the divorce application if you file for a divorce by yourself. If your ex-spouse is dodging the service, you should talk to a divorce lawyer who can help you with your options.
How does the situation change when there are kids from the marriage?
If a married couple has children and wants to divorce, they have to think about how it will affect their kids. They have to agree on how to look after their children’s daily living and financial needs before they can apply for a divorce. This also includes any adult children who need money from their parents because they have a disability or are studying.
Conclusion
When it comes to parenting issues, you may feel overwhelmed and confused by the legal aspects. That’s why you need the assistance of family lawyers in Melbourne, who can help you understand the law, reach settlements that benefit your children, and offer you guidance along the way.
With Elamine Divorce Lawyers Melbourne, you can trust that your case will be handled with professionalism, compassion, and care. We know that divorce cases are delicate and sensitive and vary from one to another. We’ll collaborate with you to comprehend your situation and work towards the best result for you and your family during your divorce process.
Get in Touch with Us If you want to speak to one of our divorce lawyers, call us today at (03) 8400 0100 or fill out our online contact form on the right.
