Separation & Divorce Lawyer - Melbourne & Victoria
Divorce can be a difficult and emotionally challenging time. At Shamac Lawyers we understand the complexities of separation and divorce and are here to provide you with expert guidance and advice. Whether you are considering a divorce, or are in the midst of one, we are here to help.
Divorce Requirements in Australia
Every couple must meet certain basic requirements before they can get a divorce in Australia. Understanding these requirements is crucial to starting the process correctly.
Residency Rules for Divorce
In Australia, you or your spouse must be an Australian citizen, domiciled in Australia, or have been living in Australia for at least 12 months before applying for a divorce. This is different from marriage requirements, which do not impose such residency rules.
Do You Need To Be Separated Before Getting A Divorce?
Yes, in Australia, couples must be separated for at least 12 months before they can apply for a divorce. This separation can occur even if both parties continue to live in the same home, as long as they live separate lives during this period.
Grounds for Divorce
Australia follows a no-fault divorce system, meaning that the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation.
The Issues In A Divorce
Dividing Property
Australia follows the principle of equitable distribution, meaning that assets and debts are divided fairly, though not necessarily equally. Courts consider various factors, including the length of the marriage, contributions of each party, and future needs.
Alimony / Spousal Maintenance / Spousal Support
If parties are unable to agree on who should stay in the home, then we are here to help. Our experienced team at Shamac Lawyers can provide you with advice on what to do, including taking the matter up with your ex-partner or their lawyer. In rare cases, we can also go to court to obtain an order permitting you to reside in the house to the exclusion of the other party, which is referred to as a Sole Occupancy Order.
Child Custody and Parenting Time (Visitation)
Australian courts prioritise the best interests of the child, often resulting in shared parental responsibility. Parenting orders can include arrangements for the child's living situation, time spent with each parent, and other important aspects like education and health.
Child Support
Child support in Australia is calculated using a formula that considers both parents' incomes, the number of children, and the time each parent spends with the children. The Department of Human Services oversees child support assessments and payments.
Can You Get A Divorce Without Going To Court?
Uncontested Divorce
If you and your spouse agree on all the terms of the divorce, you can file an application for divorce jointly. This process is faster, less stressful, and usually less expensive.
Divorce Mediation
Mediation involves a neutral third party helping both spouses reach an agreement on contentious issues. It is less adversarial than court proceedings and often more cost-effective. Mediators can help with property settlements, child custody arrangements, and more.
Collaborative Divorce
In a collaborative divorce, both parties and their lawyers commit to resolving disputes without going to court. If an agreement is not reached, the lawyers must withdraw, and the spouses must find new representation, encouraging cooperation and settlement.
How Long Will It Take To Get Divorced?
The process duration can vary. After filing, there is usually a one-month waiting period before the court can finalise the divorce. However, the entire process can take longer if there are disputes over property, child custody, or support.
Do You Need A Lawyer To Get A Divorce?
While it is possible to represent yourself in a divorce, it is advisable to consult a lawyer, especially if there are complex issues such as property division, spousal maintenance, or child custody. Legal aid and community legal centres may provide assistance if you cannot afford a lawyer. Understanding these key points about divorce in Australia can help you navigate the process more effectively and make informed decisions. For more detailed advice, schedule a conversation with our experienced family law team.
Contact Us Today
If you are considering a divorce or separation, or are already in the process, do not hesitate to contact us. Our experienced team is here to provide you with the guidance, advice, and legal representation you need to navigate this challenging time in your life. Contact us today to schedule a consultation and see how we can help you.