Moonee ponds family lawyer
We can apply for a divorce on your behalf if you have been separated from your spouse for a period of 12 months. We offer fixed fees divorce applications so that you can have certainty as to your costs. Our divorce lawyers are able to commence this process upon receiving your instructions and a copy of your marriage certificate. Our family lawyers have extensive experience in applying for divorce when one of the parties is overseas or cannot be located. Moonee Ponds Family Lawyers work to have your divorce application completed promptly and cost-effectively. Moonee ponds solicitor
If you are thinking about separation, it can help to get the right advice early on. It is always a good idea to speak with a lawyer before separation so that you can understand what to expect during the process and make informed decisions about your children and assets. As well as providing legal advice about your rights and obligations, our lawyers at Moonee Ponds Family Lawyers can also refer you to separation counselling or mediation services for further emotional support during separation. Our family lawyers can quickly arrange a conference (either by telephone, zoom or face to face) to begin discussing the steps that you need to take to resolve the issues surrounding divorce.
You deserve to know your legal rights and responsibilities. We will guide you through the process every step of way, ensuring that not only are all potential outcomes discussed but also advice where it is relevant for your unique circumstances. You can rely on our expert family lawyers at Moonee Ponds Family Lawyers for a wide range of legal services. We offer sound advice and practical solutions tailored to your needs, whether you’re dealing with simple or more complex cases. We have experience in all family law matters and have helped many clients resolve their matters. Moonee ponds family lawyer
When can I apply for a divorce?
Under Australian Law, you can only apply for divorce after you have been separated for a period of at least one year. The Family Law Act 1975 established the principle of ‘no-fault divorce’. This means when granting a divorce, the Court does not consider why the marriage ended and the only ground for divorce is that the marriage has broken down irretrievably. If both parties agree to the divorce, you may apply for a joint application for divorce. However, if the other party does not agree to the divorce, you may still go forward with your application but you will need to serve the Divorce application on the other spouse prior to the divorce hearing. If you make a sole application, you are known as the applicant and the other party is known as the Respondent. For a joint application, both parties are known as joint applicants. Once a Divorce Order is granted at the Divorce Hearing, it does not become final until one month and one day after the Divorce Hearing. Once the Court has fixed the date on which the Divorce is final, you may then make arrangements to remarry. You will need a copy of your marriage certificate to apply for a divorce. If you do not have a copy, you should contact Births, Deaths and Marriages.
How long does the divorce process take?
The time it takes for a divorce to be finalised depends on many factors. Generally, in complicated matters where for example, the spouse can not be located or you do not have a marriage certificate, the process takes a longer period of time. In addition to such factors, it also depends on how busy the Court is at the time. Our lawyers at Moonee Ponds Family Lawyers understand how stressful the uncertainty may be during this period, therefore we will handle your matter as efficiently as possible to ensure the process is finalised as soon as practicable.
Will a divorce deal with parenting or property issues?
A divorce will not sort out issues relating to children or property. This must be dealt with separately from the Divorce Application. Division of property and custody issues must be done within 12 months of the date of the Divorce Order. Speak with one of our family lawyers today and find out how to resolve your parenting and property issues.
