Jonson Leo

For most people, divorce is not something they planned for or know much about until they are facing it. The legal process itself is more straightforward than many expect. What makes it complicated is everything surrounding it: the property that needs to be divided, the financial future that needs to be secured, the arrangements for children that need to work in practice. Understanding how all of those pieces connect is where good legal advice makes a real difference.

We help clients in Murrumbeena and nearby suburbs navigate every part of this process. Whether you are trying to understand what lies ahead or ready to take a specific next step, we give you clear, honest guidance so you always know exactly where you stand.

The order matters as much as the outcome

One of the most useful things we do for clients is help them think carefully about the sequence of events. Many people assume divorce is the first step. In most cases it should not be. The separation period, which begins the moment a couple stops living as a couple, is when the important legal work happens.

Property settlements, parenting arrangements, financial agreements, spousal maintenance, all of this is addressed during the separation period. Locking these things in before a divorce application is filed often produces better outcomes and avoids the time pressure that the divorce order itself introduces. We help you plan the right sequence from the start.

The twelve month rule explained

Australia has not had fault-based divorce since 1976. There is only one ground: irretrievable breakdown of the marriage. And the only way to establish that under the law is to show twelve months of continuous separation. No blame. No wrongdoing. Just time.

The twelve months does not require living at separate addresses. Couples who have separated but continue to share a home for financial or practical reasons can still satisfy the requirement. The evidentiary standard is higher in those cases and the details matter, so it is worth getting advice before assuming it applies to your situation.

What the divorce order actually does

A divorce order is the court’s formal declaration that a marriage no longer exists. Once granted, it takes effect one month and one day later, provided no appeal is made. From that point both parties are legally free to remarry.

In most straightforward applications, neither party needs to attend court. A lawyer can manage the entire process on your behalf. Where children under eighteen are involved the position is different. Either a lawyer or one of the parties must appear, and the court will not approve the divorce until it is satisfied that proper arrangements are in place for the children.

The deadline hiding inside the divorce order

Something that catches a significant number of people off guard: once a divorce order becomes absolute, the clock starts on a twelve month window for commencing property settlement proceedings. If that window closes before anything is filed, court permission is required to proceed, and getting that permission is not guaranteed.

We make a point of flagging this to every client early. For those who have not yet resolved their property matters, it shapes the advice we give about timing. For many Murrumbeena clients, completing the financial settlement before lodging the divorce application is the cleanest and least pressured path.

Divorces that need more careful handling

While most applications move through without significant difficulty, some situations call for more experienced management. We regularly assist clients with:

• Establishing separation when both parties remained under the same roof
• Disagreements about when the separation actually started
• Serving an ex spouse who has moved or is deliberately avoiding contact
• Time-sensitive applications where one party intends to remarry
• Overseas marriages and the jurisdictional issues they can raise
• Choosing the right country to lodge divorce proceedings when options exist
• Opposed applications and how to respond when the other party contests the divorce
• Cases involving children where the court requires more before it will proceed

Whatever the complication, getting the right advice at the outset avoids the kind of mistakes that are expensive and slow to fix.

Talk to a divorce lawyer in Murrumbeena

The earlier we can talk, the more clearly we can map out what your process looks like and make sure nothing important gets missed along the way. We offer a free initial consultation and we use it to give you practical, specific advice about your situation.

Call us on 03 9793 7888 to book yours today.