Divorce Lawyers Geelong

There are two methods for initiating the divorce process. The first approach involves consulting a lawyer, while the second entails using a DIY divorce kit. The fundamental requirement for obtaining a divorce is that you must have lived apart for 12 months.

In some cases, a situation arises where either the husband or the wife is unable to move out of the marital home, and this is known as ‘separation under the same roof.’

To substantiate this circumstance, it is necessary to have a family member or a friend who can confirm that there has been separation under the same roof for 12 months.

Once you have established this primary requirement of a 12-month separation, you can approach a lawyer to initiate the divorce application if you do not wish to do it yourself.

Ensure that you bring your marriage certificate along to your appointment, as it must be presented to the Court as proof of a valid marriage. If you do not have one or do not have access to it, please speak to our team about your options. If your marriage was not officiated, you can apply for an annulment.

The sole ground for divorce in Australia is a 12-month separation that proves a complete marriage breakdown. Separation is usually straightforward if parties live in separate houses. If living together, an independent person must confirm the separation.

This is usually done by means of one or both parties providing a written statement (affidavit) that a Justice of the Peace signs, indicating that parties live together but are no longer in a partnership. If filing within two years of marriage, counselling or permission from the Court will be required.

Securing a divorce typically costs about $1,000 plus government filing fees, with varying expenses based on case intricacies. Documenting and formalising parenting orders, property settlements, or financial support agreements may cost under $6,000 if straightforward.

Legal costs depend on case complexity and legal input, often billed by time blocks or negotiated fixed fees. Additional expenses may arise for valuations or accounting advice. Cost discussions occur during the initial consultation, with regular updates to keep clients informed.

Parenting orders about children, documenting and formalising a property settlement and entering into private arrangements for the financial support of children through a Binding Child Support Agreement or a Consent Order can all be achieved relatively quickly and inexpensively.

If you are the Applicant and are seeking protection through a Family Violence Intervention Order (FVIO) for yourself and/or your children, we can provide guidance on available options and arrange legal representation for all hearings.

For Respondents, we are prepared to defend your interests and strive to expedite the resolution of your dispute in a cost-effective manner.

We can also represent you or arrange legal representation at crucial stages like the Mention, Directions Hearing, and Contested Hearing when required.

During divorce proceedings, there is no calculation of property assets because property settlements and financial agreements are not required just to get a divorce. Financial settlement is a separate procedure, often done at the same time as parenting arrangements are decided. Property matters must be commenced within 12 months of your divorce being finalised.

Assets to consider in your settlement include your family home, investments, vehicles, shares, superannuation, jewellery, furniture, bank accounts (including children’s accounts), and collections like stamps, art, and memorabilia. Real estate appraisals and reliable sources can help determine their value.

Divorce and separation can be much more complex when children are involved, which is why it’s important for adults involved to do their best to make practical arrangements for co-parenting or parenting that are in the best interests of the children involved. Helping your children understand that they will still be able to spend quality time with both parents (in most cases) is often reassuring amidst the difficulties inherent in a relationship split.

Mediation can be a great way for parents to talk through arrangements and voice their wishes and concerns, which can create a Parenting Plan that is finalised into Consent Orders. A Parenting Plan is like a roadmap or list of agreements and arrangements – and is not a formal legal document. Consent Orders, which are binding legal orders, can be made when both parents are happy with a Parenting Plan that has been drawn up.

Decision-making and time with each parent may be shared ‘50/50’, or it may reflect a myriad of factors that best suit the children’s needs. New laws have been introduced in 2023 that focuses on the child’s best interests when making parenting arrangements.

Getting a divorce itself is very straightforward and, in most cases, won’t take much time at all. Matters like parenting and property settlement are more likely to take an extended amount of time in some cases.

Every family law matter is unique, and resolution times vary accordingly. Some parents reach quick parenting agreements, while financial matters can be swiftly settled with amicable consent orders or binding financial agreements. Negotiations often involve exchanging letters and documents, sometimes through roundtable conferences or mediation.

In rare cases, litigation becomes necessary with family law matters. Most property and parenting matters initiated in the Family Court or the Federal Circuit Court find resolution along the litigation journey, resulting in formal Orders without judicial intervention.However, complex issues, judicial availability, and the pressure of the court systems can extend the process from months to several years.

As specialist family lawyers, Pearsons Lawyers understand the nuances of the Family Law Act and find that court proceedings are generally only used as a last resort, pursued if essential for closure.