Divorce Lawyers in Melbourne
At Aitken Partners, we understand that divorces and partner separations are common in modern life. We assist clients in achieving a respectful and mutually agreeable outcome to their proceedings. We are proud to be recognised as a leading authority on divorce law.
The process of obtaining a divorce can be a long and frustrating one. Our relatable staff will be with you through every step, helping you see the best legal option in front of you and sitting down for honest conversations when needed.
To be granted a divorce, the court must be satisfied that your marriage has broken down irretrievably, that there is no likelihood of reconciliation and that you have been separated for 12 months or more.
It is possible to be still living together under one roof and be separated. However, in these circumstances, you must file an Affidavit with the Application for Divorce to satisfy the court that you were separated during this time.
An Application for Divorce is filed in the Federal Circuit Court with a copy of a Marriage Certificate and a Court filing fee.
To make an Application for Divorce parties must satisfy the following jurisdictional requirements:
- You must regard Australia as your home and intend to live in Australia indefinitely; or
- You must be an Australian citizen by birth, descent or by grant of Australia citizenship; or
- You must ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
If the court grants the divorce, it will become final one month and one day after the Divorce Hearing. A Divorce Order will be sent to you by the court. Upon receipt of this document, parties can remarry.
You can obtain Court orders, or reach agreement, in relation to parenting matters and a property settlement, even though you are not yet divorced.
Our team of divorce lawyers can assist you during the divorce process by providing advice on your Application for Divorce; representing you at your Divorce Hearing (should this be required) and assisting you to finalise any other aspects of your separation, including negotiating parenting arrangements, property settlement and/or child support issues.
It is important to note that following a divorce, parties have 12 months to issue Court proceedings with respect to property matters (or 2 years in the case of de facto or same sex relationships). It is possible to issue proceedings in the court out of time in the event that certain conditions are met. Our team of divorce lawyers can advise you further with making an application out of time should this be necessary.
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Frequently Asked Questions
While it's possible to file for divorce without a lawyer, it's generally recommended to have legal representation, especially if your divorce involves complex issues like child custody, property division, or spousal support.
It's best to consult with a divorce lawyer as soon as you're considering separation or divorce. They can provide guidance and help you understand your rights and options.
Generally, attorney fees related to divorce are not tax deductible. However, there may be exceptions in certain circumstances.
You must be separated for a minimum of 12 months before applying for a divorce in Australia. This separation period applies even if you still live under the same roof, provided certain conditions are met.
No, a lawyer cannot represent both parties in a divorce. This would create a conflict of interest.
When interviewing a divorce lawyer, ask about:
- Their experience handling cases similar to yours
- Their fees and billing practices
- Their approach to negotiation and litigation
- Their communication style and availability
To your initial consultation, bring copies of any relevant documents, such as:
- Marriage certificate
- Birth certificates of children
- Financial records (tax returns, bank statements, pay stubs)
- Property ownership documents