Divorce Lawyer Serving St Kilda & Elsterwick

Trusted Divorce Lawyers located in St Kilda

 A divorce is a declaration by a Court that a marriage is at an end.

There are two grounds for divorce, namely:

  • 12 months of separation and
  • Irreconcilable differences

Separation under the same roof in certain circumstances will suffice.

There is no requirement to prove fault in Australia unlike some other countries.

An Application for Divorce is filed at the Family Court of Australia and served personally or, if your partner is co-operative, by post.

There is no need to attend Court unless you have children over the age of 18 years.  If there are children under that age the Court needs to be able to assess whether proper arrangements have been made for the children. 

The Court has the power to refuse to make a Divorce Order if it is not satisfied that proper arrangements have been made.

Once the Divorce Order is made it takes effect one month later and you can then remarry.

A divorce lawyer in Elsterwick

Your Will & Divorce

You should be aware that marriage or re-marriage revokes any Will then in existence. Separation does not revoke a Will. Divorce revokes a Will in favour of the divorced spouse.

Spousal Maintenance & Alimony

Marriage or long term relationships entail a mutual obligation to support each other financially according to one’s means and abilities.

After separation a party in need of support can apply for a Spousal Maintenance Order to ensure that obligation is adhered to.

Spousal maintenance is usually a stop-gap measure to allow a party time to train for the workforce or continue the role of primary caregiver for the children without too much of a reduction in lifestyle.

Spousal maintenance is designed to maintain a party’s standard of living after separation to ensure for example that a party who has foregone a career during the relationship, to say raise the children, is not being penalized financially by the separation.

Spousal Maintenance Orders can provide for a regular periodic payment or lump sump payment.

Often in property settlements, a party who would otherwise be entitled to a periodic payment of spousal maintenance is awarded a greater share of the property in lieu of periodic/spousal maintenance payments and this is caused Capitalised Spousal Maintenance.

Time limits apply for Court ordered maintenance as follows:

  • within 1 year from the date your Divorce was finalised
  • within 2 years from the date your defacto/domestic relationship ended

If you miss these time limits, in certain circumstances you can apply to the Court for leave to apply for spousal maintenance beyond those time limits.