Separation and Divorce in Melbourne: What You Need to Know


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Separation and Divorce are two emotional events that may impact anybody’s life. You have to manage There are multiple skilled divorce and separation attorneys in Melbourne that can define your rights and help you navigate the procedure. This article provides an overview of what you need to know about separation and divorce in Melbourne and how to choose the best among Melbourne divorce and separation lawyers.

Separation and Divorce in Melbourne: What You Need to Know

Separation in Melbourne

When two people who were once dating or living together as a couple break up, it is called separation. It’s important to realize that you don’t have to file for divorce right away if you and your partner are separating. In fact, a lot of separated couples end up getting back together and don’t even need to get a divorce.

However, you may decide to file for divorce if you and your partner have mutually chosen to end your relationship forever. Before you may file for divorce in Melbourne, you must have been apart for at least a year. You and your partner may need to settle issues like property distribution, child custody, and support during this period.

Divorce in Melbourne

In Melbourne, you can file for divorce after twelve months of separation. You must do this by submitting an application to the Australian Family Court. The application will be served on your spouse, and they will have the chance to respond.

The divorce can be granted within a few months if you and your spouse do not have any conflicts. However, if there are disagreements, the process may become more challenging and necessitate legal counsel.

Property Division

Your property will be divided fairly and justly by the Family Court in Melbourne. This implies that the court will take into account things like how long the marriage has lasted, the financial and non-financial contributions made by each spouse, and the needs that each spouse may have in the future.

Child Custody

If you and your partner have kids, it’s essential to decide on custody terms that are in the kids’ best interests. The bond that the children have with each parent, each parent’s capacity to care for the children, and any history of abuse or neglect will all be taken into account by the court.

Joint custody is typical in Melbourne, but sole custody may also be granted if it is in the children’s best interests.


Both partners are required by law in Melbourne to provide for their respective spouses and children. When calculating support responsibilities, the court will take into account elements like each spouse’s income and financial resources, the needs of the children, and the level of living set throughout the marriage.

Choosing a Lawyer

Working with an experienced attorney is important since navigating the legal separation and divorce processes can be difficult. A lawyer can assist you in figuring out your rights and obligations, negotiate a resolution, and, if required, represent you in court.

It’s important to take their experience and area of specialization into account when selecting a lawyer. Additionally, think about the lawyer’s communication style and whether you click with them.

Take Away!

Divorce and separation are challenging events, and dealing with the legal system may be overwhelming. However, you can simplify the process by dealing with an expert attorney and being aware of your rights and obligations.


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