Divorce and Separation Lawyers: Your Local Mornington Peninsula Family Lawyer

Navigating the Path Ahead with Compassion and Expertise

Divorce and separation can be one of the most challenging and emotionally taxing experiences in a person’s life. At Eliza Legal, located in the quaint Village of Mount Eliza, on the Mornington Peninsula, we understand the complexities and sensitivities involved in these situations. Our goal is to provide you with clear guidance, compassionate support, and effective legal solutions tailored to your unique circumstances.

Understanding Divorce in Australia

Divorce in Australia is a no-fault process, which means that the court does not consider why the marriage ended. The only requirement is that the marriage has broken down irretrievably, demonstrated by a separation of at least 12 months. Whether you are considering filing for divorce or responding to a divorce application, our experienced family law team can assist you every step of the way.

Key Considerations in Divorce:

• Separation: You can be considered separated even if you continue living under the same roof.
• Children: The court prioritises the welfare of children, including arrangements for their care and support.
• Property Settlement: Divorce does not automatically settle property disputes. You have 12 months from the date of divorce to apply for a property     settlement.

‍Divorce Applications: What You Need to Know

Filing for divorce in Australia involves a straightforward process, but it’s important to ensure all legal requirements are met. At Eliza Legal, we provide guidance on each step of the divorce application process, from preparing the necessary documents to lodging your application with the court

Steps to Apply for Divorce:

1. Prepare the Application: You can apply for divorce individually or jointly with your spouse. Our team can assist you in completing the necessary paperwork accurately.
2. File the Application: The application must be filed in the Federal Circuit and Family Court of Australia.
3. Serve the Application: If you apply individually, you must serve a copy of the application on your spouse. Usually, this is achieved using a Process Server. We can help ensure this is done correctly.
4. Attend  a Hearing (if necessary): In most cases, if there are no children under 18, a hearing may not be required. However, if there are children involved, the court will assess the arrangements for their care.

 Cost of Divorce Applications:

• Court Fees: The filing fee for a divorce application is set by the Federal Circuit and Family Court of Australia and is currently $1,100. A reduced fee may be available for concession card holders or those experiencing financial hardship.
• Legal Fees: In addition to court fees, there may be legal costs associated with preparing and filing the application. Our firm offers transparent pricing with no hidden costs, and we can provide a detailed estimate based on your specific situation.

Separation: The First Step

Separation marks the formal end of a relationship and is often the first step towards divorce. It’s crucial to understand your rights and responsibilities during this time, especially regarding finances, property, and parenting arrangements. Our legal team can help you navigate this challenging period, ensuring that your interests are protected.

Key Considerations in Separation:

• Financial  Arrangements: It’s important to address financial matters early on, including banking, loans, and asset division.
• Parenting  Arrangements: Establishing a clear and workable parenting plan is essential to minimize disruptions for your children.
• Legal  Advice: Early legal advice can help you understand your options and plan your next steps effectively.

Contact us today

At Eliza Legal, we combine legal expertise with a deep understanding of the emotional aspects of divorce and separation. Our dedicated family law team offers:

• Local expertise: As a law firm serving Mount Eliza and beyond, we understand the unique needs of our community.
• Personalised Advice: Tailored solutions that reflect your specific needs and circumstances, ensuring the best outcome for your case.
• Transparent Communication: Clear and consistent updates to keep you informed throughout the process.
• Comprehensive Support: Assistance with all aspects of divorce and separation, from initial consultation to final resolution.

Whether you’re just starting the separation process or need support with a divorce, our dedicated family law team is here to help. Contact us today to schedule a consultation and take the first step toward a secure and positive future.