Divorce

Expert Guidance & Legal Provisions

Comprehensive Divorce Legal Services in Melbourne

At Emigrate Lawyers, we understand that navigating the complexities of divorce can be an emotionally and legally challenging experience. Our team, led by Principal Lawyer Madhab Kharel, is committed to providing compassionate, professional, and effective legal assistance tailored to your unique situation.

We are dedicated to guiding you through every step of the divorce process, ensuring your rights are protected and your interests are prioritised.

Why Choose Emigrate Lawyers for Your Divorce?

Expertise and Experience: With extensive experience in family law, our team is equipped with the knowledge and skills necessary to handle all aspects of divorce cases, from amicable separations to contentious disputes.
Fixed Fee Guarantee: We offer a fixed fee guarantee to provide you with transparency and peace of mind, so you know exactly what to expect in terms of costs.
Client-Centered Approach: We prioritise 100% client satisfaction, taking the time to understand your needs and goals, and crafting a legal strategy that aligns with your best interests.
Agile and Responsive: Our agile process ensures that we are responsive and adaptable to the evolving circumstances of your case, providing timely and effective solutions.

The Divorce Process: Step by Step

1. Initial Consultation

The process begins with an initial consultation where we discuss your situation, provide legal advice, and outline your options. This step helps you understand the legal requirements and what to expect during the divorce proceedings.

2. Separation

In Australia, you must be separated for at least 12 months before you can apply for a divorce. This separation can occur while living under the same roof, but certain criteria must be met to prove the separation.

3. Filing for Divorce

Once the 12-month separation period is complete, we assist you in preparing and filing the divorce application with the Federal Circuit and Family Court of Australia. This includes completing the necessary paperwork and ensuring all documents are in order.

4. Serving the Divorce Application

After filing, the divorce application must be served to your spouse. We can help with the service process, ensuring that it is done correctly and within the required time frame.

5. Response from Spouse

Your spouse has the opportunity to respond to the divorce application. If there are no disputes, the process moves forward smoothly. If there are objections, we provide legal representation to address and resolve any issues.

6. Court Hearing

In uncontested cases, a court hearing may not be necessary. However, if a hearing is required, we represent you in court, presenting your case and addressing any questions the judge may have.

7. Divorce Order

If the court is satisfied that all requirements have been met, a divorce order will be granted. The divorce becomes final one month and one day after the order is made.

8. Property and Financial Settlements

While the divorce itself does not resolve property and financial matters, these issues can be addressed concurrently. We assist in negotiating and formalising property and financial settlements to ensure a fair division of assets.

9. Child Custody and Support

If children are involved, arrangements for their care and support must be made. We help negotiate custody agreements and calculate child support to ensure the best interests of the children are prioritised.

10. Post-Divorce Modifications

Life circumstances can change, necessitating modifications to existing agreements. We provide assistance with post-divorce modifications to child custody, support, and maintenance arrangements as needed.

Contact Us Today

If you are considering divorce or need assistance with any aspect of family law, Emigrate Lawyers is here to help. Contact us today to schedule a consultation and take the first step towards resolving your legal issues with confidence and clarity.

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