Expert Divorce Lawyers in Melbourne
At MJ Legal, we take on the hassle of applying for your divorce allowing you to focus on other important aspects of your life. Make your divorce application with MJ Legal and get it finalized in less than 03 months.
Making your divorce application
You could apply for either a sole or joint divorce depending on the agreement between you and your ex-partner.
- You and your ex-spouse can agree to make a Joint application for divorce.
- You may agree between yourselves to use one law firm for the divorce application.
- The firm you choose can assist both of you with swearing the affidavit which is required for making a divorce application.
If you have children under 18, it is important that you have a parenting plan for managing the care and welfare of your children prior to making a divorce application.
Provided that both of you are in agreement, MJ Legal has a successful history of assisting both parties in a joint application for divorce.
- If you and your ex-partner are in disagreement with respect to filing for divorce, the law provides you the ability to make a sole divorce application.
- You and your ex-partner may need to obtain legal advice from two separate law firms.
- A sole divorce application requires serving of divorce papers on your ex-partner.
Filing a sole application will require the parties to attend the divorce hearing. At MJ Legal, we represent you in your divorce hearing and advise you on your rights and obligations.
MJ Legal aims to take the stress away from Divorce allowing you to focus on what is important!
Our expert Family Lawyers will inform you of your rights and provide you with the support you need to navigate the tough times in life.
Requirements for your Divorce
You can apply for a divorce in Australia when either you or your ex-partner:
Regard Australia as your home and intend to live in Australia indefinitely or
Are an Australian citizen or
Ordinarily living in Australia and have done so for 12 months immediately before filing for divorce.
Temporary residents such as those on student visas or work visas can also make a divorce application.
If you have children under the age of 18, you are required to have a care arrangement for your children in place prior to making a divorce application.
Have your parenting plan in place before making a divorce application
If your children are under 18, we encourage you to have your parenting arrangements sorted out before applying for a divorce.
Courts will be reluctant to grant a divorce if the children's arrangements are not satisfactory.
There are 03 ways of having your care arrangements in place:
- Parenting Plans - Informal agreements between you and your ex-partner about the care arrangements of your children.
- Consent Orders - If you and your ex-partner reach an agreement and want to formalize the agreement through the court, you can enter into a consent order.
- Parenting Orders - If you and your ex-partner are in conflict about care arrangements for your children, you can opt to make a parenting order.
Divorce and Property disputes
Property disputes could be resolved either during separation or after divorce.
If you are planning to resolve property matters after divorce, it needs to be done within 12 months after the finalization of your divorce.
If you and your ex-partner are on good terms and are agreeable to resolve property matters on mutual grounds, you can either enter into:
If negotiations between you and your spouse fail, you can initiate proceedings for a property settlement in Courts as the last resort.
You need to bring a property claim within 12 months after the finalization of your divorce. If you exceed the time limit, you are required to obtain permission from Court before making a property claim.
Since divorce in Australia is no-fault based, you do not have to spend time proving fault of your ex-partner.
A sole divorce would consume more time in comparison to a joint divorce because it will require the documents to be served on your ex-partner and may even lead to a contested hearing in the event your ex-partner disagrees with the application.
Generally, a divorce filed with the mutual agreement between the parties will take up to 03 months to be granted.
You will not be able to remarry until your divorce is finalized. Make sure your next wedding date is not too close to when your divorce order is anticipated to become official.