Knowledgeable and Experienced
We are seasoned family lawyers who have a deep understanding of the Australian family law system, ensuring you receive the most effective legal counsel.
Client-focused
We prioritise your needs, developing individualized strategies for each client to achieve the best possible outcome, and providing support every step of the way.
Caring and Empathetic
We strive to make the experience of seeking legal advice easier by alleviating the burden of stress and uncertainty of family law issues of your shoulders.
Rowan Skinner And Associates – Divorce Lawyers In Melbourne
If you and your partner have decided to end your marriage, then choosing the right divorce lawyer to protect your interests is very important. Through this difficult time as you and your partner work out your separate lives, your stress can be reduced dramatically if you are confident your future is in safe hands.
When marriages end, they do not have to end in the courts. It is possible and in most cases preferable to settle out of the family court and have a financial settlement of your divorce processed through a mediation process.
We have heard many people say it is difficult to make clear decisions about parenting matters and what is fair and just during such an emotional time. You may be angry, feel guilty, extremely sad, depressed, anxious, worried for your children and so many other feelings can arise. The situation can be helped through obtaining sound legal advice from your family lawyers who can make you make an informed decision and alleviate the burden of stress off your shoulders.
It is a fact of life though that in family law matters many divorces do go through court process and this makes it even more important to work with an experienced family lawyer who understands your rights, the intricacies of legal divorce proceedings here, and how to fight for what is legally yours.
A divorce lawyer is particularly important when a marriage ends in either physical or verbal abuse, if there are drug related issues, if your spouse is being vindictive or dishonest, or if your spouse has an attorney already for family law matter.
Benefits Of Hiring An Experienced Divorce Lawyer In Melbourne
- A divorce lawyer knows divorce law and stays up to date on changes in laws related to family law and divorce proceedings including how to put in a divorce application.
- A divorce lawyer has the experience of how and when to file divorce applications and evidence with the family court.
- A divorce lawyer has knowledge of how to negotiate issues such as property division, child support and custody, financial matters and spousal and child support.
- Most divorce lawyers know the local judges and other Melbourne family lawyers and how they and the other family lawyers in court operate.
- Your divorce lawyer will act as an impartial third party. They will have no emotional investment in the negotiations, so they should have a clearer head in regard to your rights, property and financial issues and other legal issues.
- Having a very experienced divorce lawyer there to advocate for you during the divorce process of a marriage separation will lower your level of stress and anxiety.
- If family violence or emotional abuse has occurred this can often complicate a family law court matter. If this has occurred it is important that you seek legal advice.
- If you would like to be represented by a Melbourne divorce lawyer that you can trust to get the result you deserve, then contact Rowan Skinner and Associates Lawyers today.
Give Rowan Skinner & Associates Lawyers a call to see how we can help you
How Can Rowan & Associates Help You
Divorce Proceedings
We will guide you through this complex process.
Property Settlements
We will ensure that you get the best outcome you deserve.
Spousal Support
We will help ensure a fair outcome regarding the amount and duration of spousal support.
Child Custody and Visitation
We will advocate for your parental rights and negotiate a appropriate arrangement in the best interests of the children.
Adoption and Surrogacy
We will help you navigate legal requirements, potential challenges and paperwork through the whole process.
Nuptial Agreements
We will protect what you own, define property rights and set clear guidelines for scenarios that may arise in the future.
Rowan Skinner and Associates Lawyers provide a personal family law services and our aim is to help you understand the legal process. We are a small community firm and family lawyer will be by your side throughout the entire process of your matter from start to finish to get the best outcome you deserve.
Family law matters are complex. Our experienced and reliable family lawyer is focused on helping you through the difficult legal separation process. Contact Rowan to obtain legal advice and assistance with your property matters:
Binding financial agreements:
- Binding child support agreement
- Consent orders
- Parenting Orders
- Representation at mediation and a divorce hearing
- Spousal maintenance, alimony and financial support
- a separation in same sex relationship
- a separation in a de facto relationship
- Parenting arrangements and developing a parenting plan
- Children’s matters
- Domestic violence
- Representation for court proceedings at the Family and Federal Circuit Court of Australia
The Family Law Act – Criteria for a Divorce in Australia
In Australia, the criteria for a divorce are governed by the Family Law Act 1975. To be eligible for a divorce in Australia, you must satisfy the family law court with the following criteria:
Jurisdiction
Either you or your spouse must be an Australian citizen, or live in Australia and have done so for at least 12 months before filing for divorce.
Separation
You and your spouse must have lived separately and apart for at least 12 months prior to the divorce application. You can still be considered separated while living under the same roof, as long as you are no longer in a relationship as husband and wife.
Irretrievable Breakdown
You must demonstrate to the court that the marriage has broken down irretrievably, which means that there is no reasonable likelihood of you and your spouse reconciling.
Notification
You must have notified your spouse of the divorce application by serving them with the relevant documents, or obtaining their written consent to the application.
The Australian Family Law System observes no-fault divorce. This means that if one party wants to begin the divorce process they do are not required to show wrongdoing such as adultery, abuse, or abandonment from either party. The only prerequisites for obtaining a divorce order include a twelve-month separation and an irretrievable breakdown of the marriage.
Process of Filing for a Divorce
The divorce process involves several steps, the first of which is a confirmation of your eligibility to file for divorce in Australia, which can be read above.
- After at least 12 months of separation, you will need to complete an Application for Divorce form. This can be accessed from the Family Court’s website. In the application you will need to provide details about marriage. It is helpful to have documents such as your marriage certificate, birth certificates for any children from the marriage and information about your financial circumstances.
- Following completion of the application, you will need to file the application. This can be done in person or online through the Commonwealth Courts Portal. There is a filing fee for this application, but a discount is available for certain people based on their financial circumstances.
- After filing, the application must be served to your ex-partner. Serving can be done through a process server or via post. Your ex-partner must be served at least 28 days prior to the court hearing date provided they are not overseas.
- Once the application is served, the Family Court will allocate you a date for a hearing. A divorce hearing at court is only required: if the application is a sole application and not a joint application and you and your former partner have a child under the age of 18; the application is disputed by your ex-partner; if you have indicated the matter be heard in court or if any party has objected to a divorce hearing in the absence of any parties involved. If you do attend court, the court will issue a divorce order provided the magistrate is satisfied with the evidence and there are no issues. The court needs to consider if the marriage was in fact a legal marriage, the best interests of any children, financial arrangements of the parties, and proper arrangements for child custody should there be any parenting disputes.
Provided a divorce order is issued, the divorce usually takes effect one month following the date of the hearing. At Rowan Skinner and Associates, we will help you obtain advice on the divorce application process and can be your legal representative if you have a divorce hearing.
Give Rowan Skinner & Associates Lawyers a call to see how we can help you
Our Divorce Law Services
Property Settlements and Spousal Maintenance
If you in dispute with your former partner on property or spousal maintenance, you may have apply through the court to resolve these matters.
De Facto Couples
A de facto relationship is where a couple has been living together on a genuine domestic basis for a period more than two years. We can assist with your spousal maintenance or family law property matter if you file to court within two years of the relationship ending. Beyond this two-year period, you will need special permission from the court to proceed with your application. We are experience divorce lawyers in Melbourne and can help you get a fair and just outcome that you deserve.
Married Couples
There is no time restriction on married couples applying for property settlements or spousal maintenance after separation but before divorce. After the divorce has been finalised, you must file an application for property or spousal maintenance within 12 months. As experienced and expert divorce lawyers we will help you move on with your life by getting you the best outcome you deserve and ensuring that you have financial security.
Child Custody and Support Payments
Parenting arrangements, child custody and child support payments are tricky matters to discuss with your former partner and they can often result in dispute. As experienced child custody lawyers, we will advocate for your rights and ensure that the best interests of your children are upheld to ensure that there is a fair and appropriate outcome. In what can be a difficult time, obtain sound and clear legal advice from an experienced lawyer will help take the burden of stress off you.
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Should you have already obtained a divorce order but have ongoing disputes or complications in your family law matter that you might require assistance from separation lawyers, contact the best and most experienced Melbourne divorce and family lawyers, today on (03) 9995 9155 or email us at rowans@rowanskinnerlegal.com.au.