Family Lawyers Caroline Springs
Divorce, separation and parenting matters are our areas of expertise. Schedule your first appointment today to talk with one of our experienced family lawyers today, to understand your options going forward.
Our services include:
- Divorce Applications & Separation Declarations
- Binding Financial Agreements
- Child Support & Custody Arrangements
- De Facto & Same Sex Relationships
Expert Support & Guidance
Since 1922, Pearsons has been dedicated to navigating clients through the complexities of divorce and separation. Our compassionate team understands your challenges and is ready to support you.
Achieve a Fair Outcome
We strive to secure a fair and balanced resolution, focusing on reducing stress, costs, and time. Given the complexity of today’s relationships, this goes beyond paperwork to ‘people work’.
Understand Your Position
Schedule your consultation today to have all your questions answered, explore your options, and clearly understand your entitlements and the potential costs of your divorce.
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Family & Divorce Lawyers in Caroline Springs
Why Work With Pearsons Caroline Springs?
Awards & Memberships
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Family Law Solicitors Caroline Springs
As specialist family lawyers, we focus extensively on divorce proceedings and related issues. Our expertise encompasses:
- Divorce Applications: Comprehensive assistance with filing for divorce, ensuring a smooth and efficient process.
- Separation Declarations: Guidance on formal declarations of separation, including scenarios where partners live under the same roof.
- De Facto Relationships: Help with declaring the existence of a de facto relationship, covering both heterosexual and same-sex partnerships.
- Marital and Same-Sex Relationships: Expertise in navigating legal matters for both traditional marriages and same-sex relationships, addressing all aspects of separation and divorce.
We are dedicated to providing tailored legal support to address your unique situation and ensure the best possible outcome.
Pearsons Lawyers provide expert Family Law advice, assisting you with property settlements, financial matters, and property issues. We help you seek to resolve disputes efficiently and advise on the costs and timeline associated with court proceedings.
Divorce & Separation Experts
How to Apply for a Divorce?
You can apply for a divorce 12 months after you and your partner have separated. Only one person needs to wish for the divorce, and you can file either jointly or individually. Your ex-partner cannot object to the divorce except under very specific circumstances (see FAQs below). If your marriage lasts less than two years, you must submit a counselling certificate.
For those who separate while still living together, you can apply for a divorce as long as you live separately within the same household. You’ll need to provide evidence from witnesses confirming that you lived and slept apart, didn’t handle domestic chores for each other, separated your finances, didn’t socialise together and that it was publicly perceived as a separation.
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Client Reviews & Testimonials
Pearsons Family Lawyers
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Frequently Asked Questions
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How do I get a divorce?
Divorce is typically straightforward, uncomplicated, and relatively inexpensive. It changes your legal status from married to divorced, allowing you to remarry if desired.
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Legal Status: A Divorce Order changes your status and starts a 12-month period during which you can apply for property settlements or spousal maintenance. After this period, you need court permission to proceed, which may involve extra costs and risks.
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Application Process: To obtain a divorce, you need to prepare and file an Application for Divorce with the court, pay the filing fee, and serve the documents to the other party.
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Finalisation: If the court confirms that you’ve been separated for 12 months, that the other party has been served, and any child matters are addressed, a Divorce Order will be granted. It becomes effective one month later, and you will receive a sealed Divorce Order.
At Pearsons Lawyers, our team provides personalised support throughout the entire process. We handle document preparation, service, court appearances, and advise on related matters such as parenting disputes and property settlements. Our family lawyers in Caroline Springs offer expert legal services to ensure the best outcome for your situation.
When are you eligible to apply for a divorce?
Grounds for Divorce
The sole ground for divorce is the complete breakdown of the marriage, demonstrated by 12 months of separation.
- Physical Separation: If parties live apart in different homes, proving separation is straightforward.
- Separation While Living Together: If you and your partner continue to live under the same roof, you’ll need extra evidence from an independent witness, such as a friend or family member, to confirm your separation.
- Marriage Under Two Years: If filing for divorce within two years of marriage, a counselling certificate from a qualified counsellor is needed to prove the marriage has completely broken down.
Our family lawyers in Caroline Springs provide personalised service to assist with the whole process, including spousal maintenance, property settlements, and parenting arrangements. Contact our team for expert advice and support tailored to your circumstances.
What will the cost of a divorce be?
Divorce Costs
Obtaining a divorce is generally straightforward and costs around $1,000 plus a government filing fee.
Additional Costs:
- Parenting Orders & Property Settlements: Can be done quickly and cost-effectively, typically under $6,000 for simple cases.
- Complex Matters: Involves more legal work, negotiations, and potential extra expenses for valuations or tax advice.
Our team at Pearsons Lawyers provides clear cost discussions during your consultation and regular updates to avoid surprises.
Can I Oppose a Divorce Application?
If you have been separated for more than 12 months, opposing a divorce application is challenging. You can oppose the divorce only if:
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Separation Not as Alleged: The separation period stated in the application is incorrect.
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Jurisdiction Issues: The Court lacks jurisdiction over the case.
To oppose a divorce, you must file a Response to Divorce detailing your grounds for dismissal and attend the hearing. If attending in person is difficult, you can request to appear by telephone.
For issues related to property settlements, same-sex separations, or other property matters, our Melbourne team provides a personal approach and expert advising on your behalf.
How Long Will a Divorce Take?
How Long Will a Divorce Take?
The duration of a divorce varies based on individual circumstances and the complexity of the case.
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Simple Agreements: For straightforward cases, such as agreeing on parenting matters or property settlements, resolutions can occur within weeks. Consent Orders or Binding Financial Agreements (BFAs) can be finalised swiftly if both parties agree.
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Negotiations: After receiving legal advice, parties may engage in negotiations, which could involve exchanging documents or participating in Roundtable Conferences or mediations.
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Litigation: If an agreement cannot be reached, court proceedings in the Federal Circuit Court might become necessary. This process can take several months to a few years, depending on complexity, judicial availability, and any other potential delays. Mediation is often required before the Court intervenes.
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Can I oppose a divorce application?
If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application. You can only oppose the divorce where:
- there has not been 12 months separation as alleged in the application, or
- the Court does not have jurisdiction.
If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date.
You need to set out the grounds on which you seek the dismissal in the Response to Divorce.
If you file a response, you should attend the divorce hearing. If you do not attend, the Court may decide the divorce application in your absence. If it is difficult for you to attend in person, you may ask the Court to appear by telephone.
How do I deal with intervention orders?
Whether you are the Applicant or Respondent in Intervention Order proceedings sound advice about options available to you and proper representation at Court events is critical.
It is imperative that the terms of any Intervention Orders are understood so as to avoid breaches and resulting criminal proceedings which could have lasting and devastating effects.
At Pearsons Lawyers we will give you advice and arrange representation at various Court events to ensure that the best possible outcome is achieved at all times.
To arrange your first appointment with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Is a quick resolution always the best?
After separation most people want a quick and inexpensive resolution of property and children’s matters. That is often achievable.
However, in some cases a quick resolution is not possible because due diligence needs to be exercised to ensure that all proper and necessary enquires are made, appropriate documents are exchanged, property identified and valued so as to ensure that the appropriate or best possible outcome is achieved.
Ultimately, the decision as to how quick and inexpensive a resolution is achieved is a matter for each client. A lawyer’s job is to provide legal advice about possible options and the pros and cons of each option available. It is the client who ultimately makes decisions and provides instructions as to which course of action to adopt and is best suited to their situation. Knowing the choices available gives the client the power to make informed and proper decisions.
Occasionally the other party and/or their lawyer may make a speedy and inexpensive resolution impossible.
In each case there are multiple parties involved such as lawyers, accountants, financial advisors, family and friends giving advice and having an input, all of which affects decision making and ultimately the outcome of each case.
It is important that you obtain sound legal advice about all of the options available to you so that you can navigate and understand the different courses available to you and their possible outcomes.
To arrange your first appointment with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How long will getting a divorce usually take?
Each client and their circumstances differ.
The length of time that each matter takes to resolve will depend on the parties and their circumstances.
Some parents are able to reach agreement about parenting matters and Parenting Orders can be made within a matter of weeks.
In financial matters some separating parties can reach an amicable and fair settlement which can be documented by way of Consent Orders or a Binding Financial Agreement (BFA) within a matter of weeks.
Usually after receiving legal advice about options, negotiations are undertaken by way of an exchange of letters and documents. Sometimes there are intense and focused negotiations by way of a Roundtable Conference (a meeting of the parties and their lawyers at one place at one time to negotiation outstanding issues) or a mediation.
In the event that agreement cannot be reached through negotiations and mediation, litigation may become necessary. Throughout the litigation process parties are required to engage in mediation to discuss and explore the possibility of reaching agreement without judicial intervention.
Most cases that are commenced in the Family Court or the Federal Circuit Court are resolved at some stage during the litigation path, formal Orders are made, and the matter is resolved without a Judge making a decision.
A small number of cases are unable to be resolved and proceed to determination by a Judge which means that the Court hears the evidence of the parties, submissions by their Barristers and then a Court makes a decision in relation to parenting matters, property issues or both.
The litigation path can take anywhere from a few months up to three to four years depending upon the complexity of the matter, judicial availability and other issues that can arise from time to time such as COVID-19 which has disrupted Court hearings and created greater delays in the Court system.
Pearsons Lawyers can provide you with specialist Family Law advice and guidance with the options available to you and assist you making decisions best for you.
We advise our clients of the costs associated with Court proceedings and how long they are prepared to devote to negotiations prior to considering commencing Court proceedings. Court proceedings are a last resort but are sometimes inevitable to achieve finality.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
To arrange your first appointment with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Pearsons Family Lawyers
Let’s Work Together
Step 1: Book Your Free First Appointment
No strings attached. No hidden costs. Just a confidential, one-on-one consultation with an expert family lawyer.
Step 2: Talk To An Expert
Get all your questions answered, discuss your options, understand your entitlements & know what your divorce will cost.
Step 3: Know Where You Stand
You’ll get the advice you need to move on with your life and find the happiness you deserve whilst getting a fair and equitable split.Know Where You Stand
Book Your Free Appointment
During your free appointment we will:
- Discuss your circumstances.
- Answer any questions about the divorce process.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the cost of a divorce and separation.
Call our office or fill in the contact form to book your free appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)
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Don’t navigate these challenging times alone.
Trust Pearsons Family Lawyers Caroline Springs to be your steadfast partner every step of the way. Secure your appointment and take control of your future today.