At Aitken Partners we understand that separation and divorce is a common occurrence. We employ a team of trusted and highly qualified family lawyers who can, in most cases, help our clients find a respectful and mutually agreeable outcome.
We are proud to be recognised as a leading team, with close to 100 years of experience providing local people throughout Victoria and across Australia with professional legal guidance and advice for their individual circumstances.
The separation process can be a long and frustrating one. Our relatable staff will be with you through every step, helping you to see what the best legal option in front of you is and sitting down for honest conversations when needed.
In order to be granted a divorce, the Court must be satisfied that your marriage has broken down irretrievably. This means that there is no likelihood of reconciliation and is evidenced by12 months or more of living separately.
It is possible to still be living under the one roof and be considered separated. However, in these circumstances, you will be required to file an Affidavit with the Application for Divorce to satisfy the Court that you were in fact separated during this time.
An Application for Divorce is filed in the Federal Circuit Court together with a copy of a Marriage Certificate and a Court filing fee.
To make an Application for Divorce parties must satisfy the following jurisdictional requirements:
In the event that the Divorce is granted by the Court, then it will become final one month and one day after the Divorce Hearing. A Divorce Order will be sent to you by the Court. Upon receipt of this document, parties can thereafter remarry.
You are able to obtain Court orders, or reach agreement, in relation to both parenting matters and property/financial matters, even though you are not yet divorced. If, however, you divorce first there are timeframes for the filing of property/financial orders.
Our team can assist you during the separation and divorce process by providing advice on your Application for Divorce; representing you at your Divorce Hearing (should this be required) and assisting you to finalise any and all other aspects of your separation, including parenting arrangements, property settlement, spousal maintenance issues and/or child support issues.
It is important to note that following a divorce, parties have 12 months to issue Court proceedings with respect to property matters (or 2 years in the case of de facto relationships). It is possible to issue proceedings out of time, with the leave of the Court. Our team can advise you further in relation to making an application out of time should this be necessary.
To speak to one of the leading teams of separation and divorce lawyers in Melbourne, simply contact Aitken Partners today on +61 3 8600 6080.
At Aitken Partners we are among the most sought-after divorce lawyers in Melbourne, providing each of our valued clients with compassionate and honest legal services to ensure that their separation is as straightforward as possible.
We manage each stage of your legal separation, reducing the 3 costs – the emotional cost, the time cost and financial cost of separation and divorce.
At our William Street offices, we employ a select team of lawyers and other professionals, including immigration consultants, who can provide assistance on matters concerning visa appeals and applications, as well as citizenship enquiries.
To book a consultation with one of Aitken Partners’ Family Lawyers for advice on separation and divorce call us on +61 3 8600 6080.
Under the Family Law Act (1975), parties to a de facto relationship or marriage can use a private contracts to document their wishes in relation to the property / financial aspects of relationship breakdown. These contracts are referred to as Financial Agreements. Provided the drafting and process requirements set out in the Family Law Act are followed, these agreements are binding and enforceable and the parties effectively ‘contract out’ of their rights and obligations under the Act.
In order to be binding, both parties to a Financial Agreement must seek independent legal advice prior to signing the document. This advice must be provided by an Australian lawyer and it is highly recommended that the advice be provided by a family law specialist. Both lawyers will supply a signed certificate to their respective clients, confirming that they provided advice to their client about (i) the effect of the agreement on that parties’ rights, and (ii) the advantages and disadvantages to that party in signing the agreement (at that point in time).
The Family Law Team at Aitken Partners will ensure that your agreement is carefully drafted, strictly complies with the legislation, and takes into account a number of other factors, such as tax implications, to ensure that it provides the desired outcome.
Our lawyers provide clients with total clarity at a time that can often feel chaotic and unsettled, guiding them through the various legal proceedings and necessary steps that follow the ending of a de facto relationship or marriage.
Call our offices to book an initial consultation with a member of our legal staff, and give yourself the very best chance of reaching a fair and workable settlement.
At Aitken Partners we know the stress and emotional toll that family disputes can have on those involved. That is why our well-trained and experienced family lawyers work to provide an understanding and supportive service to all clients, and to develop a dialogue that is respectful and progressive.
Call our staff on +61 3 8600 6080 for all further enquiries.