Divorce is a highly emotional and stressful experience with no winners. They are often messy and an unfortunate reality of family breakdowns. At Melbourne Lawyers & Mediators we understand the need for compassion when our clients are going through separation or divorce.
Our experienced family lawyers offer practical and easy to understand advice, in a supportive and sensitive environment. We know what a fair property settlement looks like and advocate tirelessly on behalf of our clients to make sure they get a fair deal.
In Australia to apply for a divorce, you and your ex-partner must have been separated for a period of at least 12 months. The Family Law Act established a “no-fault divorce” therefore there is no need for the blame game. Rather the only grounds necessary for the Court to grant a divorce is the irretrievable breakdown of the marriage.
Where there are children under the age of 18 involved, the Court will only make an order for a divorce once satisfied that there adequate arranges in place to protect the welfare of the children.
A divorce order takes effect one month and one day after the order is made. After this time a Certificate of Divorce will be issued, and a party is then free to remarry.
Importantly, a divorce application only deals with granting the divorce, the Court will not hear about issues regarding property or child arrangements. You will need to initiate different proceedings.
Property (and maintenance) proceedings may be issued if either party is ordinarily resident in Australia or is an Australian citizen when the application is filed. The Court may decline to exercise jurisdiction if there are proceedings pending in another country.
There are time limits that apply when making a property or spousal maintenance application. The deadline is 12 months after a divorce order has taken effect or 2 years after a de facto relationship has ended. There are limited circumstances where the Court may grant leave for an application to be made outside these time limits.
Parties usually begin negotiations or initiate proceedings with regards to property settlements any time after the separation of marriage.
People may be vulnerable to financial abuse or pressured into an unfair settlement. At Melbourne Lawyers & Mediators we fight fair, and aim to get you get everything you are entitled to including financial adjustments in your favour, spousal maintenance, and provision for future needs.1010
Islamic Marriage Laws and Procedures
We have lawyers who have thorough knowledge and expertise in Islamic Marriage Law and Procedures. We can assist you in preparing Mahr Agreements, resolve disputes about Mahr after separation, appropriate Binding Financial Agreements and assist you with your Islamic Divorce to ensure a smooth finalization.
We have a network of lawyers in Turkey and the Middle East that we work with and can arrange for your divorce and separation to be recognized overseas and that the property settlement takes into consideration any properties overseas, to ensure a just and equitable division is achieved.
If you are unsure as to what your next steps should be or are after professional legal advice make an appointment to see one of our experienced lawyers: our staff speaks English, Turkish, Arabic, Romanian and Sinhalese. We have offices at two convenient locations, Broadmeadows and picturesque Prahran.
At Melbourne Lawyers & Mediators, you’re in safe hands.