Divorce 

About Divorce.

Divorce is the legal end of a marriage.

If your marriage has broken down and there is no chance of reconciliation you might be entitled to apply for a divorce. A precondition for making an application for divorce in Australia is that the marriage has broken down irretrievably, which is established once the applying party proves that they have been separated for twelve months or longer.

Divorce applications can be complicated, and it is important that you get your application right to ensure that there is a smooth hearing and your divorce order is granted. Not only that, it is important that you follow the process for completing the application and serving the application. We can help with divorce applications where:

  • Divorced parties have been separated under one roof.
  • You have reconciled, and then decided to finally separate.
  • You wish to submit a joint divorce application (amicable divorces).
  • Your marriage certificate is in a different language.
  • You cannot find your ex-spouse (substituted service and dispensation of service).
  • You are having issues serving your ex-spouse.
  • You need assistance with the divorce hearing.

We handle divorce matters from start to finish - we can assist with drafting the paperwork, serving the paperwork and attending any court hearing required.

Reach out and leave the rest to us, you wont be disappointed!

Take advantage of our FREE 15 minute Discovery Call

No cost - no obligation. We would love to help you.

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family lawyer Tayla Kilkeary on the phone talking to clients

Discrete

Our advice is confidential and tailored to your individual situation. Our clients are protected by legal-professional privilege, and we take your privacy seriously.

Fair and Transparent Pricing

We pride ourselves on transparent and fair billing practices and have open and honest conversations with our clients about estimated fees. We offer by the hour charging, and fixed fee and differed fee plans for eligible clients.

Professionalism

We handle your matter with care, and you can expect us to conduct ourselves with honesty, respect and professionalism throughout your matter.

What to expect

Most of our clients have never needed a family lawyer before, and that’s okay. We leave all the legal “frills” at the door and speak to you like a real person.

Why?

Because we know how important your matter is to you – and we care. You will leave your consultation armed with the knowledge and strength to take the next steps in your matter, and if you choose us to represent you in your matter, you will leave knowing you have the support of an experienced and exceptionally skilled team of robust and fierce family lawyers.

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Frequently Asked Questions

Does Avokah Legal offer fixed fees?

Yes - we can offer fixed fees for most matter types and will work with you to make sure you get the best legal representation possible at a good price.

Is it possible to get free legal advice?

Yes - we offer FREE 15 minute consultations to all new enquiries.

Are there alternatives to going to court?

Yes - we suggest Alternate Dispute Resolution to most of our clients, which will save them money and time. The main types of Alternate Dispute Resolution are Mediation, Conciliation, Arbitration or Collaborative pathways.

Can I write about my family court matter on social media?

No. You should not publish any identifying information about your family court matter on social media or anywhere else. Section 121 of the Family Law Act makes it an offence to publish/disseminate information about family law proceedings.

My children attend private school and now my financial situation has changed. Can I change my children's schooling?

You will need to seek the consent of the other parent to change the school if you have equal shared parental responsibility for schooling. If you have sole parental responsibility, you may be able to change the children's school. Take advantage of our 15 minute free consultation for tailored advice suitable to your situation.

What is a Divorce?

Divorce is the legal end of a marriage. If your marriage has broken down and there is no chance of reconciliation you might be entitled to apply for a divorce. A precondition for making an application for divorce in Australia is that the marriage has broken down irretrievably, which is established once the applying party proves that they have been separated for twelve months or longer.

What am I entitled to in my property matter?

Your entitlements in a property matter are dependent on individual circumstances that would only apply to your matter. It is impossible to give an indication of your likely entitlements without going through a process called “the four-step process”. Give us a call, and we can help asses your likely property entitlements.

Can a parent refuse access to a child?

Practically, yes, but legally, no. If you are being refused access to your children, you should immediately seek legal advice. Children deserve a relationship with both parents, as long as one parent does not pose an unnecessary risk to the child.

What is Family Law?

Family law is the law surrounding relationships – that is, parenting matters, financial matters, marriage and divorce.

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Resources

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