Sometimes our relationships just don’t work out and both partners may agree to go their separate ways. While it’s a difficult situation to be in, it’s important to bear in mind that making such a decision will require both of you to reach an agreement concerning parenting of children and/or your financial situation. Whether you’re in a de-facto relationship or legally married, the Family Law Act provides a means for the parties to reach a divorce settlement.
There are two ways for the parties to reach a divorce agreement:
Firstly, through an amicable settlement. In this case, the best way to ensure your divorce agreement is final is to draw up Consent Orders which, together with a Consent Application, are filed with the court without the need for a court appearance. It is always a first priority to avoid going to court if divorce negotiations are successful. In some cases, parties may want to enter into a contract or binding financial agreement that is made outside of the court process.
The other way however, is when both parties cannot agree on one or more issues and their opinions are too far apart, either in respect of children’s matters or property issues or both. This is when your lawyer may recommend that, in order to achieve a timely resolution, you issue divorce proceedings in the Federal Circuits Court of Australia or the Family Court of Australia, otherwise known as the Family Law Courts.
Legro Lawyers have extensive experience in family law and divorce, as well as matters concerning families in Australia, especially those that involve separation issues. Our friendly team will be able to provide you with advice on various family issues including, but not limited to:
- Marriage and Defacto relationship breakdowns and divorce
- Property and children’s disputes
- Advice as to your legal entitlements pursuant to the Family Law Act
- Negotiation and settlement of agreements/consent orders
- Initiating or responding to legal proceedings in the event negotiations fail to reach settlement
- Representation in the Family Court or Federal Magistrates Court
- Divorce Applications
- Family Violence Act Applications
- Pre-nuptial Agreements
- Cohabitation Agreements
- Binding Financial Agreements
Reaching a separation agreement can be a short or lengthy process, depending on the the views of the parties. Regardless of which path you decide to take, you will need to seek professional advice in order to ensure that any divorce agreement reached is legally binding.
Legro Lawyers aim to take the worry and stress out of your separation, by ensuring your rights are protected and that you obtain a resolution that is as close as possible to what you would have obtained had the matter been heard before a judge. Knowing that you will obtain this result means you can concentrate on the important matter of rebuilding your life post separation and divorce.
Legro Lawyers are based in Melton and assist clients from all over Melbourne, including Werribee, Hoppers Crossing, Point Cook, Bacchus Marsh, Hillside, Caroline Springs, Rockbank and Taylors Lakes. Your conversation with Legro Lawyers is confidential and our experienced practitioners offer a professional, results-driven, prompt and personable service that is cost effective.
If you need legal advice or representation regarding family law and divorce for the first time, or want to try a local firm with city experience, please don’t hesitate to contact Legro Lawyers via email form on this page or call our friendly staff on 03-9749 9679.
*Please note: Legal Aid is available in Family Law matters for children’s issues and property issues if arrached to a children’s issue for those who meet both means and assets test criteria. Such eligibility criteria can be found on the Victorian Legal Aid Institute website. www.vla.gov.au