A financial agreement lawyer can draft legally binding agreements to protect your assets and prevent future disputes. If an agreement cannot be reached, family mediation in Melbourne can provide a structured negotiation process before resorting to court proceedings.
We provide clear guidance on parenting arrangements and child custody, helping parents create fair, practical, and child-focused plans that protect their rights while prioritising the child’s best interests.
One spouse lacked the legal capacity to consent to the marriage due to mental incapacity or intoxication.
The marriage was entered into under duress, fraud, or coercion.
One spouse was still legally married to someone else at the time of the marriage (bigamy).
The marriage was incestuous.
One spouse concealed a fundamental fact, such as an inability to consummate the marriage.
While most couples opt for divorce, annulments are available in specific circumstances where the marriage was never legally valid. Grounds for annulment include:
Unlike divorce, which ends a valid marriage, an annulment treats it as though it never existed. While rare, both result in the marriage ending, but the legal treatment differs. Our experienced lawyers can advise whether annulment or divorce is right for you and guide you through the process.
The process begins with submitting a formal Application for Divorce to the Federal Circuit and Family Court of Australia. This application must include
A court hearing is often unnecessary for uncontested divorces, but in disputed cases, attendance is mandatory. Contested hearings involve presenting evidence to support separation, addressing objections, making legal arguments, and, in some cases, cross-examining witnesses to verify claims about separation or parenting arrangements. For those without legal representation, this stage can be overwhelming due to complex procedures and rules, making professional legal support essential.
Once the court is satisfied with the evidence and compliance, it grants a Divorce Order. However, the order does not take effect immediately:
The divorce process in Australia is governed by the Family Law Act 1975, requiring meticulous compliance. Missteps—such as failing to meet service requirements, insufficient evidence for separation, or incomplete documentation—can result in delays, added costs, or rejection of the application. With Shamac Lawyers on your side, you gain access to experienced family law practitioners who manage every detail, from drafting affidavits and gathering evidence to representing you in court. We simplify the complexities and focus on securing the best possible outcome for your future.
Reconciliation lasting longer than three months resets the 12-month separation period.
If one spouse refuses to sign or ignores the divorce application, you can still proceed with a sole application. The court can grant the divorce without their agreement, as long as the 12-month separation period has been met. If you’re unsure how to proceed, a divorce attorney in Melbourne can handle the legal filing and court requirements for you.
Shamac Lawyers provides trusted legal support across family, criminal, property, and intervention matters — with clarity, care, and commitment.
