At Bansal Lawyers, we help you navigate the difficult process of divorce with clear, caring, and professional legal support. As experienced Divorce Lawyers in Melbourne Australia, we guide couples through every stage of the divorce process, ensuring legal clarity, compliance with Australian family law, and confidence in decision-making during a challenging time.
Requirements for getting a divorce in Australia
The Australian Government has set certain requirements that couples must meet to be married under the Family Law Act 1975.
To be able to file for divorce in Australia:
• One of the spouses must be an Australian citizen or permanent resident or have lived in Australia for at least 12 months before the application is filed.
• The couple must have been apart for at least 12 months and one day, which shows that the marriage is over.
The Documents you need to apply
A well-prepared application helps the court avoid delays and extra requests. You must have a marriage certificate to file for divorce. If it's not in English, you must get it translated.
In some cases, you might need more documents:
1. Paperwork that explains how the separation works under one roof
2. Counselling certificates for marriages that have been going on for less than two years (unless they are exempt)
3. Proof of arrangements for childcare, if applicable
Applications for Joint and Sole Divorce
Couples can choose between two types of applications based on their current situation.
Joint Application
Both applicants fill out a joint application. This choice usually takes less time and doesn't need official service of documents. It also often doesn't require going to court. It works best when both people agree that their marriage is over.
Sole Application
One spouse only files a sole application. The divorce papers must be formally served to the other party, and the Court must be given proof of service. Hearing may be necessary, especially if there are problems with service or if children under 18 are involved.
The usual fee to file is $1,125. An exception for people who have a concession card or are having trouble paying money can only pay $365.
Legal Representatives can fill out and file the paperwork for you, making sure that everything is done correctly and in accordance with the law.
What Happens After You Submit
After the application is sent in, the Court looks it over. In a sole application, the person who filed the application must give the other party the papers and show proof of service.
The Court will grant a divorce order if it is satisfied that all requirements have been met. One month and one day after the order is made, the divorce is final.
A divorce legally ends a marriage, but it doesn't automatically settle disagreements over property, spousal support, or parenting. These issues need to be dealt with separately and within a certain amount of time after the divorce.
Divorce Hearings and Final Orders
In most of the cases, being physically present in court is not necessary. If more information is needed or if it involves children, a short hearing may be set up. Hearings usually don't last long and are only for making sure the law is being followed.
About Bansal Lawyers in Melbourne
Bansal Lawyers is a trusted firm of divorce lawyers in Melbourne Australia, founded with the goal of offering legal services that are practical, ethical, and focused on our clients’ needs. The firm started out as a small practice, but it has now grown into a trusted legal partner for people and families all over Australia.
Bansal Lawyers is well-known for its specific and personalized approach, cultural awareness and clear communication. The firm has a strong presence in family law, immigration law, and commercial law. In divorce cases, the firm offers caring and strategic advice on who can get a divorce, how to apply, parenting issues, and money issues after the divorce.
Every case is handled with honesty, care, and respect for the client's situation, giving them the confidence and legal certainty they need to move forward.
Conclusion
Divorce can be hard and challenging but getting knowledge of how the legal system works can help couples make smart and confident decisions about their future. At Bansal Lawyers, we always follow the law while also looking out for our clients' long-term personal and financial interests and making sure that the process goes smoothly.
AB
Ajay Bansal
Director, Bansal Lawyers
Expert legal services in Melbourne for Immigration Law, Family Law, Property disputes, and more.
Frequently Asked Questions
+
What legal services does Bansal Lawyers provide?
Bansal Lawyers provides comprehensive legal services including Immigration Law, Family Law, Property Law, Commercial Law, Criminal Law, and Business Law. We serve individuals, families, and businesses across Australia with expert legal guidance and representation.
+
Why should I choose Bansal Lawyers for my legal needs?
Bansal Lawyers offers experienced legal professionals, personalized attention, competitive pricing, and a track record of successful outcomes. Our team is committed to providing the best legal solutions tailored to your specific needs with a focus on achieving positive results.
+
How can I schedule a consultation with Bansal Lawyers?
You can schedule a consultation by calling us at 1300 BANSAL (1300 226 725), emailing us at info@bansallawyers.com.au, or using our online booking system. We offer flexible appointment times to accommodate your schedule.
+
What areas of law does Bansal Lawyers specialize in?
We specialize in Immigration Law (visas, appeals, migration advice), Family Law (divorce, custody, property settlements), Property Law (transactions, disputes), Commercial Law (business formation, contracts), and Criminal Law (defense representation).