Divorce lawyers Melbourne & Ballarat

No marriage begins with thoughts of divorce, and it can be difficult to know what you need to do – but with the right support you can get through it and move forward with your life. Our family lawyers understand the difficult decisions that you need to make, will listen to your concerns and outline your options. We give you time to think about what you want to do and help you reach the best outcome for you and your family.

Find the right family lawyers for your divorce, to make sure that you are supported, and understand your options before, during, and after a separation.

Helping you manage your divorce

There is a lot to think about when you start the process of separation and divorce. It can be a confusing and emotional time. Our experienced lawyers can guide you through the process, make sure it goes smoothly and help you negotiate a fair and amicable outcome for you and your family.

Divorce explained

When you get divorced it means that your marriage has officially ended. Once you are divorced you are free to remarry if you wish. It doesn’t matter whether you are a man and a woman or a same-sex couple, the process for divorce is the same.

A divorce doesn’t sort out who gets your assets or who has custody of your children, these involve different processes and can be done at different times.

To divorce in Australia, there’s no need to blame anyone, but you do need to show the court that it’s unlikely that you will get back together. In family law, this is called an “irretrievable breakdown” of your marriage.

Once you’ve decided to divorce you will need to separate from your partner for over 12 months. Then you need to complete some legal documents and can apply for a divorce. One month and one day after a court grants you an Order for Divorce your marriage will officially end.

Why MNG Lawyers

Our solicitors have over 20 years experience helping people just like you through their separation and divorce. We know that it’s an emotional and stressful time, so we take the time to listen to you, explain family law in plain English and outline your options. Once you decide what you want to do, we can then take care of the formalities, like paperwork and court visits, so the process moves as quickly and smoothly as possible.

Frequently Asked Questions

Separation is a legal term that means you and your partner no longer live together as a couple. While you and your partner don’t need to agree to separate, you both need to believe that the marriage is over for a separation to be legally recognised. You need to be separated for over 12 months before you can apply for a divorce. You can still agree how your finances will be managed and who will have custody of your children while you’re separated, you don’t need to be divorced to do that.

We know relationships are not always simple, and you and your partner may try to reconcile for a while. Depending on how long you get back together for, it may affect whether you have to separate for another full 12 months before you can apply for a divorce. Our family lawyers will be able to explain what you need to do depending on your individual circumstances.

It’s possible to be separated and still live under the same roof, but you will need to show the court that you have led separate lives for at least 12 months. This means that you haven’t shared household chores, been sleeping together or sharing money.

When it comes time to finalise your divorce, you will need to support your separation with legal documents if you have been living under the same roof. If this applies to you, then you should speak to a solicitor to ensure that you meet the legal requirements for separation.

A mutual divorce is when you and your partner apply for a divorce together. This is called making a joint application. When you do this you don’t need to go to court to finalise your divorce.

There are some situations where you will need to go to court to divorce. If you and your partner make a joint application to divorce you don’t need to go to court. But, if you’re applying for a divorce on your own (this is called a sole application) and you have children under 18 years of age, you will need to go to court.

There are many reasons you may make a sole application, like if you don’t know where your partner is or they don’t want to divorce.

Regardless of whether you need to go to court or not, you will need to complete some legal documents and application forms to divorce.


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