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5 Commonly Asked Divorce Questions Answered

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As leading   family lawyers , there are a few common questions we get asked all the time.   Divorce in Australia   can be a complex process, which can be incredibly daunting for some. This is why it’s so essential to find a   family law firm in Melbourne   that can not only offer you legal advice but practical and emotional support. So, if you’re considering a divorce, here are the answers to some of the questions you may have.       #1 – How Quickly Can I Get Divorced?   Unfortunately, Australia doesn’t offer the option of a quickie divorce. As per the Family Law Act, partners need to prove a separation period of at least 12 months in order to qualify for a divorce in Australia. Once this separation period has been upheld, finalising a divorce can take around 4 months.   #2 – Can We Be Separated But Under the Same Roof?   For some, finding a new residence for the separation period is not possible. Luckily, courts do allow for coupl...

Want a Divorce? Here are 10 Things to Remember

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  If you’re planning on getting a divorce in Australia , there’s a lot for you to have to consider long before your application for divorce . Whether it’s same-sex marriage , de-facto relationship or long term relationship, there are specific legal processes that need to be completed before a divorce can be granted. So, if you’re thinking of divorcing, here are 12 essential things you need to keep in mind.       #1 – The Separation Period   As per Australian family law, you are required to prove separation from your spouse for a minimum of 12 months before you can make your application for divorce. This applies to all forms of relationships, including same-sex marriage and de-facto relationships.   #2 – Proving Separation   There needs to be a clear decision that marriage is over. Usually, separation entails moving into separate living quarters and starting legal processes that split finances, parental responsibilities etc. You ...

Let’s Talk Time Limits – Divorce in Australia

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  When you’re planning on separating from your husband or wife, the last thing you want is for the legal processes to become long and drawn out over months on end. While the goal is often to finalise the application for divorce as quickly as possible, certain statutory time limits defined by the Family Law Act.  Here is some insight from the experts in family law in Carlton.       There’s a lot you need to consider when planning your application for divorce. One such factor is the pre-prescribed time limits you have when it comes to separating from your husband or wife, finalising financial agreements, and determining spousal maintenance.   According to the Family Law Act, spouses need to prove a 12-month separation in order to qualify for a divorce. Within those 12 months, you are required to submit a Divorce Order, which stipulates the terms for property settlement or spousal maintenance. For de facto relationships, the time limit extends ...