Dealing with a divorce can be a challenging and emotional journey. That’s why having an experienced divorce lawyer by your side is essential.
At Movement Legal, our team consists of skilled divorce lawyers who specialise in the Family Law Act and have extensive experience guiding clients through the divorce process.
We recognize that every divorce case is unique, which is why we prioritise listening to our clients’ worries and tailoring our strategies to address their specific needs. From preparing divorce applications to facilitating property settlements, our commitment is to achieve optimal outcomes for all involved parties.
The divorce application process in Australia involves legally terminating your marriage after a period of separation from your spouse. However, matters like property settlement and parenting arrangements after separation can become complex.
Here’s a brief look at the divorce process under Australian law:
Separation Period: To initiate the divorce proceedings, the first step entails establishing a separation period of at least 12 months from your spouse.
This separation serves as evidence of a prior marriage breakdown, paving the way for subsequent legal actions.It can include time spent living in the same home following separation (known as ‘separation under one roof.’
Jurisdiction: To meet jurisdictional requirements, either you or your spouse must be an Australian citizen, resident, hold a valid temporary visa, or have Australia recognised as their permanent home. Failure to fulfil this condition may render one ineligible for divorce.
Application for Divorce: Complete the relevant forms accurately and submit them, accompanied by the requisite filing fee, to the Family Court or Federal Circuit Court of Australia (FCFOA).
Accuracy and timeliness in this step are paramount to ensure proper consideration of the divorce order that the Court will issue.
Service of Divorce Application: Properly serve a copy of the application to your spouse, adhering to the prescribed requirements for legal compliance. Strict adherence to the mandated rules of divorce in Australia guarantees transparency and accountability throughout the legal process.
Waiting Period: After filing the divorce petition, observe a mandatory waiting period of at least one month before the court grants the dissolution of marriage. In instances of conflicting interests, a hearing may be convened to address these matters.
Divorce Hearing: Participating in a hearing may be required when disputes arise that require resolution. It offers all involved parties a formal platform to share their perspectives and evidence, guaranteeing a fair and unbiased decision-making process.
Divorce Order: When all legal requirements are met, the court issues a divorce order, officially dissolving the marriage and nullifying the marriage certificate. It is crucial to note that this ruling does not address property settlement or parenting arrangements, as these require separate legal processes.
A family law firm supports individuals to navigate the divorce process. These firms employ lawyers with extensive experience who provide vital guidance and legal expertise to help clients navigate the complexities of divorce and other family law matters.
They handle various aspects, including initiating a divorce application, addressing child custody, spousal financial support, and property division. Through negotiation or litigation in the Courts, they strive to reach fair settlements, empowering clients to make well-informed decisions in their best interests.
Should amicable settlements prove impossible, an experienced family lawyer is able to advocate for clients in court, ensuring the protection of their best interests.
Additionally, they can offer emotional support and guidance during what can be a challenging period, assisting individuals in paving a path towards a more positive position once the divorce has taken affect.
Our team of family lawyers can assist you in determining the necessary steps to apply for a divorce and provide guidance towards achieving the most favourable outcome for you. We prioritise delivering tailored solutions that align with your goals and chart the optimal course of action.
We can assist you whether you are in the early stages of separation or are negotiating a property settlement or parenting arrangements. Here are some of the reasons why you should work with us:
At Movement Legal, we understand that divorce proceedings can already be emotionally taxing without the added concern of fluctuating legal costs. To alleviate financial stress, we are committed to offering fixed fees whenever possible, rather than billing based on hours worked.
Efficiency is paramount in divorce cases, where time-sensitive matters often come into play. At Movement Legal, we prioritise transparent communication with our clients. Our team provides prompt and thorough responses, offering you clear guidance throughout the divorce process.
Our expertise extends to various aspects of family law. When you choose to work with Movement Legal, you gain access to a wealth of knowledge and experience that can help you address all your family law needs, ensuring your interests are well-represented and protected throughout the divorce process.
We understand that dealing with family law issues can be overwhelming. That's why our dedicated team is committed to offering you valuable guidance and tailored legal support as you navigate the intricacies of family law. We offer competent legal services or representation for the following areas:
Ready to take the first step towards a smoother divorce process? Our experienced divorce lawyers at Movement Legal are here to guide you through.
Don't navigate this journey alone – let us help you protect your rights and achieve the best outcome for your future. Contact us now to schedule a consultation and gain the legal support you deserve!