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.
We are able to represent your best interests throughout this process, in what can be a stressful and emotional time. When you hire a divorce lawyer in Melbourne from our team, you are getting expert advice and a professional service from beginning to completion.
In relation to any dispute over children, mediation is a legal requirement under the Family Law Act of 175 (Cth) . You must obtain a Section 60i Certificate by attending mediation before you can take your matter to court. Of course, there are some exceptions to this rule, including where there is family violence involved. Our experienced solicitors can discuss the areas in which you may not be required to attend.
If you are confused as to which procedures and paths that you need to take, our divorce lawyers in Melbourne will be able to provide the best advice regardless of your situation. We will assist you with the preparation of forms and applications, serving of the paperwork to your former partner, and attending court hearings on your behalf. We will also give any residual advice in relation to any assets and property, or children of the relationship.
During our consultation all of our fees are discussed in a transparent way, so that you are aware of all that will be involved. Our goal is to deliver advice and services in a cost effective way for our clients.
In matters such as divorce, our fees are capped to a single lump sum fee. It may be additional fees are required in circumstances where service may be difficult or an affidavit is required to be prepared to prove you have been separated under the same roof.
In matters involving disputes about property and children we will discuss with you our best estimate of the costs involved regarding your divorce settlement.
If you are not currently able to access the immediate funds but you own property, our divorce lawyers in Melbourne can discuss payment options with you.
These options may include the signing of an Equitable Charge that allows us to secure any outstanding costs by the use of a caveat on your property.
Call us today to book a consultation
Get in touch with a divorce lawyer in Melbourne, call us directly on 1300 1 LEGAL to discuss what options are best for you.
Alternatively, arrange a consultation regarding family law divorce via our contact form by clicking the button below.
We have four offices located in Fitzroy, Sunshine, Moonee Ponds and Newport.
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