Our experienced divorce & marriage separation lawyers know how to secure your financial stability
Divorce and separation is a difficult time in your life and rarely straightforward – it’s likely that your partner may not have come to terms with the breakdown of your relationship. A common misconception is that both partners need to agree to a separation before they can begin divorce proceedings. However, it only takes one of you to decide if you have separated. Marriage separation can even occur when you and your partner are still living under the same roof. Handling marriage separation and navigating the legal requirements for divorce is complicated, but our experienced Melbourne-based lawyers are here to assist.
Now that you have separated, decisions need to be made about handling the marriage separation, including “child custody”, family mediation, and property and financial settlements. A divorce lawyer acts as a knowledgeable and objective third party that is responsible for the division of assets between partners. Consulting an experienced divorce lawyer is your best chance at creating an amicable arrangement with your partner and securing your own financial stability.
As soon as you decide to your end your relationship, it’s time to call one of our family law lawyers. We will discuss with you all your litigation options and how to best deal with this challenging time in your life. Working with us from day one also means we can put measures in place to secure your financial stability.
Oxford Partners Lawyers work with you in a time and cost-effective manner. We’ll look at what is the most commercially viable option for you and tailor our family law legal services to meet your needs. You won’t get lost in legal language. At Oxford Partners, our discussions with you are always upfront and in clear language that you can understand. Our experienced team of divorce law specialists understand marriage separation is a challenging time for everyone involved. We are sensitive to your needs and here to help you achieve the best possible outcome including future financial stability.
During a separation, both you and your partner have the right to access shared assets, from bank accounts, stocks or shares, to occupying the family home and other tangible assets like vehicles. If you and your partner have conflicting needs or interests, it may be best to organise a formal separation agreement between both parties to ensure that everyone’s individual needs can be met with minimal frustration.
Following a mandatory 12-month separation period, it is possible for a divorce papers to be served and filed all within an average of four to six months, although some divorces have taken as little as one month to finalise. Cases that include complex child custody arrangements or are organised alongside property or financial settlements may naturally take more time to finalise than other simpler arrangements.
Although average costs of a divorce application tend to be around $2000-$4000, the costs associated with divorce naturally tend to vary depending on the context of the separation and proposed divorce in question, as well as whether or not childrens-matters must also need to be organised alongside divorce proceedings.
As divorce lawyer fees are considered to be personal legal fees under ATO regulations, they are unfortunately not tax-deductible. It is recommended that you discuss billing and fees and other related questions with your divorce lawyer either during your preliminary consultation or even prior to this via a phone call to ensure all the information you receive surrounding fees aligns with the fee structure of your Family Lawyer.
The division of assets takes into consideration the ages and earning capacities of both parties to ensure that each party receives a fair and equitable arrangement during property or financial settlements either during or following the finalisation of a divorce or separation. It must be noted, however, that there are time limits on property and financial settlements following the finalisation of a divorce, so it’s always best to address asset division with your Family Lawyer.
Divorce is the legal termination of a marriage after a couple has been separated for a minimum of 12 months, whereas separation is the end of a marriage or de facto relationship without any legal requirements or processes
Unlike divorce, there are no legal processes or requirements for a couple to separate, regardless of whether they're married or in a de facto relationship.
Spousal support entitlements after separation depend on a variety of factors. The most important ones include the length of the relationship, contributions made by either partner and their financial situation. Unlike in a divorce, there are no set entitlements for spousal support after separation, so it's best to speak with a family lawyer about the best course of action.
The first step in filing for divorce is to lodge a 'petition' or court application with the Family Court of Australia. The petition can be lodged by either party and details about the relationship, property and children if any need to be included. The Family Court will then mail a notice of your divorce to you and your partner. You will then have either 28 days or 90 days (depending on the state in which you are divorcing) to respond in a written statement, which can be done online. Having responded, a court date for when the divorce hearing will be held will be determined. The date for your divorce hearing can vary from 4 months to up to 2 years depending on the backlog of cases and how fast each party responds at each step of the process. However, these timelines are just an estimate - a family lawyer can help you file for divorce and help you with each stage of the process.
Divorce can be a stressful time, especially when there's a conflict between you and your ex. One of the best ways to deal with the stress is to speak to a professional family lawyer before you begin filing for divorce. A family lawyer can assist you throughout the entire process of your divorce and help ease the stress and complications that can arise from it.