Family law changes from 6 May 2024
Family law changes from 6 May 2024
Separation & Divorce Lawyer Melbourne
Navigating the path of divorce and separation is a challenging journey, filled with emotional and legal complexities. Divorce marks the legal end of a marriage, while separation is the first step in this process, where couples begin to live apart and decide on the future of their relationship. Whether you're contemplating separation, or ready to proceed with a divorce, understanding your rights and responsibilities is crucial.
At Allison Rowe Family Lawyers, our experienced divorce lawyers provide you with the guidance and support needed during these challenging times. We understand that this is more than just a legal process—it's a significant life transition. Having experienced legal representation during these times is essential to ensure that your interests are protected, and the process is handled smoothly. With over 25 years of expertise, our team is dedicated to providing clear, compassionate guidance, helping you make informed decisions that pave the way for a brighter future.
Why Choose Our Firm
When facing the emotional and legal complexities of divorce and separation, it's crucial to have a trusted advocate by your side. With over 25 years of experience as divorce and family lawyers in Victoria, we offer compassionate legal representation you can trust.
Allison Rowe, the firm’s founder, has been a prominent figure in family law since 1999, with a deep understanding of the unique challenges that families face during these trying times. Her extensive experience in handling divorce and separation cases, particularly those involving young children and blended families, makes her a trusted guide through this difficult process. Allison’s approach is rooted in compassion and empathy, informed by her own experiences and her unwavering commitment to her clients' well-being.
We understand the profound emotional and financial impact that divorce can have on your life. That's why we focus on providing not just legal representation, but compassionate support, helping you navigate this transition with confidence. With Allison and her team, you can be assured that every aspect of your case will be meticulously managed, allowing you to focus on what truly matters—your family and your future.
Financial Agreements and Consent Orders
A formal financial agreement or consent orders is essential in outlining the terms of your agreed settlement and protecting your rights as you move forward. These documents typically include agreements on property division, spousal maintenance, child support, child custody and other important matters. Having a legally binding financial agreement or consent orders can prevent disputes down the road and provide clarity and peace of mind.
At Allison Rowe Family Lawyers, we can draft and negotiate these financial agreements and consent orders , ensuring all aspects are covered and that the terms are fair and reasonable. We work closely with you to understand your unique situation and advocate for your interests, making sure the agreement reflects your needs and those of your family.
Mediation and Dispute Resolution
Mediation offers a less adversarial approach to resolving disputes in divorce cases, allowing both parties to work together to reach an agreement. This process can be less stressful, less costly, and quicker than going through a lengthy court battle.
Our firm is experienced in facilitating productive discussions during mediation, helping both parties find common ground with the aim to avoid the strain of courtroom litigation. We act as your advocate during these sessions, ensuring that your interests are protected while encouraging cooperation and mutual respect.
Services Offered
Divorce Attorney Melbourne
Navigating the divorce process can be overwhelming, but with the right legal representation, you can move through this challenging time with greater ease and confidence. At Allison Rowe Family Lawyers, we guide you every step of the way, ensuring that your rights are protected and your voice is heard. The divorce process typically begins with advising and negotiating, mediation and, if agreement cannot be reached, the filing of an application with the Court followed by litigation. There are various steps such as court appearances, negotiations, and final orders. Throughout this process, we handle all legal aspects, including:
Property Division: We work to ensure a fair division of assets and liabilities, taking into account the financial, non-financial and primary caregiver roles, and the future needs of both parties.
Child Custody: Your children’s well-being is our top priority. We help you establish parenting arrangements that serve their best interests, whether through mutual agreement or court orders.
Spousal Support: We provide expert advice on spousal maintenance, ensuring that financial support is addressed appropriately, whether you are the one providing or receiving it.
The Divorce Process in Victoria
Navigating the divorce process in Victoria requires a clear understanding of the legal steps involved and the timelines that must be followed. At Allison Rowe Family Lawyers, we provide you with comprehensive guidance to ensure that you are well-prepared for each stage of the journey.
Overview of the Legal Steps
Separation: Before applying for a divorce, you must be separated from your spouse for at least 12 months. Separation can occur even if you continue to live under the same roof, provided that certain conditions are met.
Filing the Divorce Application: The divorce process begins with filing an application with the Federal Circuit and Family Court of Australia. This can be done as a sole application by one party or as a joint application by both parties.
Service of the Divorce Application: If you file a sole application, you are required to arrange service of the divorce application on your spouse. This ensures they are aware of the proceedings and have the opportunity to respond.
Court Hearing: In cases where there are children under the age of 18, or if the application is contested, a court hearing may be required. During the hearing, the court reviews the application and decides whether to grant the divorce.
Finalising the Divorce: If the court grants the divorce, it becomes final one month and one day after the hearing. At this point, a certificate of divorce is issued, formally ending the marriage.
Key Considerations and Timelines
Separation Period: The 12-month separation period is mandatory before filing for divorce. If you have been separated but living under the same roof, you will need to provide additional evidence to prove the separation.
Service of Documents: Proper service of the divorce application is crucial. If your spouse cannot be located, alternative methods of service may be required, and our team can assist in these situations.
Children and Property: Divorce proceedings do not automatically address issues related to children or property. Separate applications, agreements, consent orders or financial agreements are needed to resolve these matters, and it’s important to address them either before or during the divorce process.
Timeframes: The divorce process typically takes around three months from the time of filing to finalisation, assuming there are no complications or contested issues. However, this timeframe can vary depending on court schedules and the specifics of your case. We will keep you informed throughout the process to ensure you know what to expect at each stage.
FAQ
Do I need to attend court for my divorce?
Attendance at a court hearing is generally required if there are children under 18 years of age or if your divorce is contested. If you have a lawyer, your lawyer can attend on your behalf. However, many uncontested cases, especially those filed jointly, may not require you to attend court, and hearings are usually conducted online.
What happens if my spouse refuses to accept the divorce application?
If your spouse refuses to accept the divorce application or if their whereabouts are unknown, we can assist you in applying for substituted service or dispensation of service, which allows the court to consider alternative methods of delivering the documents.
How long do I need to be separated before I can file for divorce?
You must be separated from your spouse for at least 12 months before you can file for divorce. Separation can occur even if you continue living under the same roof, but you will need to provide additional evidence to prove that you are no longer in a marital relationship.
How long does the divorce process take?
The divorce process usually takes around three months. This timeline may vary depending on court schedules and the complexities of your case.
Will my divorce automatically resolve issues related to children and property?
No, divorce proceedings do not automatically address issues related to children or property. Separate applications or agreements are required to resolve these matters.
Can I get a divorce if I was married overseas?
Yes, you can apply for a divorce in Australia if you were married overseas, provided that you or your spouse meet the residency or citizenship requirements. You will need to provide a copy of your marriage certificate, and if it is not in English, it must be translated.
What is a separation agreement, and do I need one?
A separation agreement is a commonly used expression for what, at law, is either a financial agreement, consent orders or a parenting plan. It can encompass all three. These are the legally binding documents that outline the terms of your separation, including property division, child custody, and spousal maintenance. While not mandatory, having a separation agreement can prevent future disputes and provide clarity during a difficult time.
What is the difference between a sole and joint divorce application?
In a sole application, only one party files for divorce and is responsible for serving the application on the other party. In a joint application, both parties agree to the divorce and file together, which typically simplifies the process and removes the need for service.
Book an appointment
Ready to find your family law solution? Book an appointment now and take the first step towards clarity and resolution.
Compassionate Divorce Lawyers
Let’s take this step together. If you’re contemplating separation, or ready to proceed with a divorce, know that you don’t have to go through this alone. At Allison Rowe Family Lawyers, we’re here to offer the guidance and support you need every step of the way.
Reach out today to schedule a consultation, and let us help you navigate these challenging times with care and compassion. Our dedicated team is ready to listen, understand your unique situation, and work together to find the best solution for you and your family.
Reach out to one of the best divorce lawyers Melbourne has to offer to discuss how we can support you during this difficult time. Contact us on 03 4422 2111 or simply fill in our contact form and we’ll get in touch. Let us help you move forward with confidence and peace of mind.
Contact Us
Contact Us
Have questions or need assistance? Contact us, and our friendly team will provide the support you deserve. Trust us to simplify your family law matters with compassion and expertise.
Hours
Monday–Friday
9am–5pm
Address
suite 4934
805, 220 Collins St
Melbourne 3000
Email
enquiries@allisonrowe.com.au
Phone
03 4422 2111