Melbourne Family Lawyers

Getting Divorced in Melbourne

Sometimes relationships cannot be repaired. When a married couple wants to end their marriage, they generally must wait 12 months after separation before they can apply for divorce. However, in some cases that waiting period can be waived.

More often than not, filling out the paperwork to finalise a divorce is the easiest part of the family law process but it’s a step you need to make sure you get right. The point at which you apply for a divorce can affect how long you have to finalise other family law matters.

Talk to Armstrong Legal’s Melbourne Family Lawyers about making or responding to a divorce application.

Melbourne’s Definition of “De facto”

The Family Law Act applies to de facto relationships as well as to marriages. However, in order to be recognised as a person in a de facto relationship to which the Act applies, you must have:

• lived with your partner for at least two years; or
• at least one child with them; or
• significant property that has been jointly bought or paid for.

Talk to our Melbourne Family Lawyers about whether your relationship is likely to be viewed by the courts as a de facto relationship.

De facto relationships don’t always last but sometimes they end on pleasant terms. That’s not always the case though and you may discover that you have many heated discussions over property settlement or custody arrangements if children are involved. Our supportive Melbourne Family Lawyers can remove some of the sting so you can get on with your future after your de facto relationship has ended.

Separation

Separation is usually stressful. It’s even more complicated when children are involved and you may struggle to think rationally due to your heightened emotions. Engaging one of Armstrong Legal’s Melbourne Family Lawyers will give you someone to bounce ideas off and ask questions so you don’t have to deal with the pressure and uncertainty of going through a separation alone. Our Melbourne Family Lawyers are knowledgable and can answer questions such as:

• How do I prove that we’re separated?
• What does the court consider when determining custody?
• What is meant by “the child’s best interests”?
• Can I ask for full custody of my children?
• What happens if there was domestic violence or sexual abuse?
• Am I entitled to a property settlement?
• Do we need to litigate?

Most legal issues take several months to resolve. That pressure combined with the stress of separation may be overwhelming. Our Melbourne Family Lawyers are understanding and responsive, so give them a call on 1300 038 223 to discuss your separation.

Melbourne Property Settlement

The process for determining who gets what after a relationship has ended is a complex one that involves a five-step process. The includes assessing the financial and non-financial contributions of each party as well as their future needs.

You only have 12 months after a divorce is finalised or 24 months after a de facto relationship ends to obtain a property settlement. Your Melbourne Family Lawyer can answer any questions you have such as:

• Do I need to wait to launch property proceedings?
• How is property division determined?
• What happens to my superannuation?
• Is my former partner/spouse entitled to a portion of my inheritance?
• What happens to debts?
• What happens to a family trust?
• What if I have a business?
• Who pays the legal costs?

In a lot of property settlement proceedings, we’re able to get a good outcome for our clients without going to court. When this is not possible, our Melbourne Family Lawyers will guide you through the litigation process, ensuring that you feel empowered to make the best decision at every stage in proceedings.

Parenting in Melbourne

When you make the decision to have children with your spouse or partner, you do so thinking that your relationship will last the distance. Sometimes relationships end before children have grown up and the living arrangements of the children need to be considered.

Armstrong Legal’s Melbourne Family Lawyers will negotiate care arrangements with your former spouse or their lawyer. We will try to come to a mutually acceptable arrangement without the need for court proceedings.  If this is not possible, our family lawyers can apply for the parenting orders you are seeking an advocate for you throughout the Family Court process.

Armstrong Legal’s Melbourne Family Lawyers recognise that a family split is a stressful time and they will strive to ease some of the pressure by fighting for the best possible outcome for you in the shortest period of time and with minimal legal costs. Call them on 1300 038 223 for a confidential discussion.