Family Lawyers Doncaster
Divorce and separation are the focus of our expertise. Book your free initial consultation with our expert family lawyers today and know where you stand. Our services cover:
- Divorce Applications & Separation Declarations
- Binding Financial Agreements
- Child Support & Custody Arrangements
- De Facto & Same Sex Relationships
Expert Support & Advice
Since 1922, Pearsons have been listening, advising and guiding people through the difficult maze of divorce and separation. We understand what you’re going through and our team is standing by ready to help.
Get A Fair Outcome
We’ll work towards getting you a fair and equitable outcome whilst minimising your stress, cost and time.
Know Where You Stand
Book your free appointment today and get all your questions answered, discuss your options, understand your entitlements & know what your divorce will cost.
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Divorce Lawyers Doncaster
Why Work With Pearsons Family Lawyers?
Awards & Memberships
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Family Law Solicitors Doncaster
Being specialist Family Lawyers, divorce proceedings and related issues are a major focus of our expertise.
Our services cover:
- Divorce applications.
- Separation declarations, including separation under the same roof.
- Declarations of existence of a de facto.
- Marital and same sex relationships.
- Given the complexity of today’s relationships this goes beyond paperwork to people work.
If you are the Applicant seeking the protection of an IVO for yourself and/or your children, we can advise you of options and arrange representation at all hearings.
If you are the Respondent, we can defend you and endeavour to resolve your dispute as quickly and cost effectively as possible.
We can appear on your behalf or arrange representation for you at the Mention, Directions Hearing and Contested Hearing if necessary.
“The thing about having over 35 years of experience in Family Law is that you do not panic. In a crisis you stay calm and remain courageous so that you do not lose focus on what is important, namely the clients’ needs.” – Leanne Abela (Principal Director)
Pearsons Family Lawyers
Applying for a Divorce
You can apply for a divorce 12 months from the date you and your partner separated. Only one party needs to want the divorce and you can apply either jointly or on your own behalf. Your ex-partner cannot oppose a request for divorce, except under very specific circumstances (see FAQ’s below). Note that If you have been married less than two years you will need to file a counselling certificate.
Some people separate whilst still living together under the same roof. A divorce can be applied while parties live separate and apart under the same roof as long as there are witnesses that confirm that the couple did live and sleep separately, did not carry out domestic chores for each other, separated their finances, did not socialise together and the public perception was that they were in fact separated.
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Client Reviews & Testimonials
Pearsons Family Lawyers
Latest Articles on Divorce & Separation
What is the divorce law in Australia? How are assets split? (2023)
It is a common misconception amongst Australians that a system of “divorce law” exists. Indeed, there are laws on divorce, but these are a small assembly of laws amongst other laws as to the range...
Pet Ownership after Separation
The breakdown of a marriage or de facto relationship is a challenging time, filled with difficult decisions and emotional turmoil. Among the many issues that need to be addressed during a separation...
A parent’s guide to child support payments while going through a separation
In Australia, parents have an obligation to financially support their child. This obligation is not changed by: 1. A separation and/or a divorce. 2. Where the child lives or the amount of time they...
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Frequently Asked Questions
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How do I get a divorce?
A divorce of itself is usually very straightforward, uncomplicated and relatively inexpensive.
Like marriage a divorce is a legal status. Once a Divorce Order is made your status alters to no longer being married and further you are at liberty to remarry.
In addition to effecting your legal status, a divorce also commences the time running on 12 months from the time that the Divorce Order is made for you to make an application for property settlement or spousal maintenance. Once the 12 months from the date of the Divorce Order expires the parties to the Divorce Order are prohibited from commencing such proceedings without first obtaining permission from the Court. Obtaining permission from the Court will add additional costs as more documents and Court events are necessary and there is always the risk that the Court may refuse to grant such permission as the Court has a broad discretion when considering such matters.
If you are considering a divorce or have recently been divorced, we strongly suggest that you obtain advice about financial matters and whether there is a need to commence proceedings.
To obtain a divorce an Application for Divorce needs to be prepared which is reasonably straightforward. The Application is then filed with the Court upon the payment of a filing fee. Once it has been filed it then needs to be served (delivered) to the other party.
Subject to the Court being satisfied that the parties have been separated for 12 months, that the other party has been properly served with the Application for Divorce and matters concerning children have been appropriately dealt with, a Divorce Order will be granted. One month after the Divorce Order is made it becomes effective and a sealed Divorce Order is issued to each party who is now divorced.
At Pearsons Lawyers we can prepare your divorce documents, arrange for service and appear for you at the hearing to obtain your divorce and advise you about other matters relating to your circumstances including parenting and property.
To arrange your free initial consultation 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.
When can you apply for a divorce?
There is only one ground for a divorce and that is a complete breakdown of the marriage which is proven by 12 months of separation.
Separation can be proven easily if parties physically separate and live separately and apart in different houses. Often parties separate under the same roof and commence living separate lives. In the case of separation under the same roof the Court requires additional evidence from an independent person (friend or family member) to confirm the separation took place.
If the date of filing for the divorce is less than 2 years after the marriage the parties will need to attend marriage guidance counselling and obtain a certificate from a qualified counsellor to demonstrate that the marriage has broken down completely.
To arrange your free initial consultation 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 much is a divorce going to cost?
Obtaining a divorce is usually straightforward and inexpensive costing approximately $1,000 plus government filing fee depending on a variety of matters.
Obtaining formal parenting orders about children, documenting and formalising a property settlement and entering into private arrangements for the financial support of children by way of a Binding Child Support Agreement or a Consent Order can all be achieved relatively quickly and inexpensively.
Each case differs and the costs incurred in each case will also differ depending upon the individual complexities and difficulties.
If agreement is reached quickly and the matter is straightforward and simple, parenting or property matters could be documented and formalised for under $6,000.
Usually matters require greater legal attention and advice including the exchange of relevant financial documents, some negotiations and the “toing and froing” with draft documents until they are completed to the satisfaction of all parties. This may add some additional expense.
Generally speaking, lawyers charge either by way of time in blocks of six minute “units” or in certain matters a fixed fee can be negotiated and agreed upon. In essence, the more legal input is required the more time is involved the greater the expense.
There may be additional costs if valuations have to be obtained or separate accounting advice sought in relation to matters such as capital gains tax or other possible tax consequences of a property settlement.
At Pearsons Lawyers we discuss costs during the initial free consultation and then render regular accounts so that the client is kept fully informed at all times and that there are no nasty surprises.
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 free initial consultation 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.
Do I need a lawyer?
Most divorces are straightforward and the process is not complicated and a lawyer is not needed to complete and file a divorce application.
There can be some obstacles and difficulties such as if there is separation under the one roof, if there are difficulties effecting personal service of a sealed copy of the divorce application on the other party, if there are disputes about the date of separation or if the arrangements for the children are not proper.
Relatively speaking the cost of a divorce is cheap and most people find that it is much more convenient, easier and less stressful to have a specialist Family Lawyer attend to their divorce.
To arrange your free initial consultation 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.
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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 free initial consultation 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 free initial consultation 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 free initial consultation 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 Appointment
No strings attached. No hidden costs. Just a free, 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 initial free consultation 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)
Wednesday Evenings 5:00pm – 7:00pm
(by appointment only)