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Divorce & Marriage Separation Lawyers Melbourne
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Divorce & Separation FAQs

What am I entitled to during a separation?

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.

How long does it take to file for divorce in Australia?

Following a mandatory 12-month separation period, it is possible for 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.

What are the average costs of filing for divorce in Australia?

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 child custody arrangements must also need to be organised alongside divorce proceedings.

Are divorce lawyer fees tax deductible?

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.

How are assets generally divided during a divorce or separation?

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.

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