FIRST HOUR FREE

Our Family Law division is dedicated to resolving matters on your behalf in the most professional, compassionate and cost effective manner. Disputes over pareting, child support, de facto issues and settlements, pre and post nuptial agreements, domestic violence and property matters can be highly complex; that's why we take every precaution to ensure your matter is handled with the utmost of care, confidentiality and compassion. Family lawyers Richard Tonkin & St.John Heath bring a wealth of experience and insight into family law problems to the firm.

Please make an appointment with either Richard,  St.John or Alice to discuss your matter further. We provide a free half hour and no obligation interview in all family law matters, and we are able to arrange legal aid in appropriate cases.

For professional legal advice contact us for a FREE initial telephone inquiry.

What is divorce?

Divorce is the legal term for one's marriage breakdown or the formal dissolution of one's marriage.

In the unfortunate event of a separation David Stagg Tonkin & Company are here to help you understand the legal requirements and assist you through the process.

Can I avoid going to Court?

Yes. We help encourage couples to resolve their separation disputes through mediation or counselling. Mediation is a way of helping couples to treat their conflict as a problem that can be solved. Family and child mediation is designed to assist all people who are separating to resolve family law disputes going to court. You don't have to have children to use family and child mediation. Where children are involved however, the focus of the mediation process will be on the children's needs, rather than on the conflict between the parents.

Relationships Australia is conveniently located in Greensborough and we can refer you to arrange an appointment.

Family Breakdown

Divorce is regarded a separate issue to property and children matters.

Some marriages usually require a divorce well after it has broken down.

One of the main reasons to divorce is to enable a party to remarry. To apply for a divorce you must have been separated for 12 months. It is possible to be separated under the one roof in certain circumstances.

You can remarry once the divorce order is granted and that is at least one month after the divorce is finalised.

In Australia, a divorce may be obtained in either the Family Court of Australia or the Federal Magistrates Court.

What David Stagg Tonkin & Co can do:

• Advise on the legal requirements for obtaining a divorce and other options to avoid going to court, when property and children's issues apply.
• Prepare court documentation on your behalf.
• Represent you in court.
• Advise on related proceedings, such as division of property assets, and act on your behalf in relation to these.

DIVORCE - STEP BY STEP PROCESS

Filing for divorce

A legal document called a Form 3 Application for Divorce is required to be filled in by either the husband or wife alone, or if it is agreed between the parties this can be filled in jointly.

The document must be sworn by the applicant before a solicitor or justice of the peace and filed with the correct filing fee, and a copy of the marriage certificate.

Filing Fee

A filing fee in the Federal Magistrates Court costs $334.00 and the parties can decide to divide the costs if appropriate. In some cases the fee can be waived in situations whereas the party is entitled to a pension or other benefit.

Hearing date

A hearing date is assigned and you are notified. We will attend court on that date and represent you. It is not necessary for you to attend unless you wish to do so.

Finalisation

Once the court is satisfied that certain legal criteria's are met your divorce can be granted, a divorce order will be made one month and one day from the court date.