Divorce & Separation
Our team of highly trained divorce lawyers are here to help make the divorce process as efficient and cost-effective as possible.
Divorce and separation is a major area in the family law jurisdiction, and this is an area of practice we are well versed in. Before divorce comes separation, and a period of separation is needed for at least twelve months before divorce can even be applied for. In Australia, there is no requirement of fault to obtain a divorce, with divorce being granted once irretrievable breakdown of marriage is demonstrated by a period of twelve months separation. Parties may be separated for twelve months despite the fact they continue to live under the one roof, though additional evidence is required to corroborate this.
Divorce, the Court’s declaration that a marriage no longer exists, means that once Court proceedings have been finalised, the property settlement must be commenced within twelve months’ time. Some of our clients choose to finalise all financial arrangements prior to the divorce procedure but every case is different. When the Court is satisfied that all criteria for a divorce has been met, then one will be granted on the basis of there being no appeal. It will then become absolute in a month, after which time you can remarry.
When children under legal age are involved in the case, the matter can be a little more complex. For children over eighteen years old, Court presence is not required and the matter will be dealt with in your absence. If, however, this is not case and there are children under the age of eighteen involved, the Court will not grant divorce until matters relating to children have been taken care of.
We understand that navigating through the divorce process can be an emotional and challenging time, and we will guide you through it with sensitivity and compassion for your particular circumstances and case, while always seeking the best outcome for all concerned. Our team of lawyers are highly experienced in the area of divorce and have decades of experiences advocating for our clients to fruitful results.
Where to from here?
Contact us to discuss how we can assist you with your family law matter.
Book an Initial Consultation – We sit down with you for 90 minutes to gain a thorough understanding of your needs and your matter.
Attend a Free Family Law Seminar – Held in the Melbourne CBD, this is your chance to build your legal knowledge, get an understanding of the court process and ask questions to our lawyers before making any decisions.
Get Started Online – Ready to make a start? Answer a few questions and get a free personalised information pack tailored to your family law issue. We can also assemble your relationship history, which will help us reduce costs if you book in for an appointment.
Why choose Carew Counsel Solicitors?
Our team of divorce lawyers can guide you with sensitivity and compassion through an emotional and challenging time.
We have decades of experience in the area of divorce and separation - advocating for our clients to achieve the outcomes they desire.
We empower you, by helping you understand the system, the options and the advantages and disadvantages of different options.