610 Glenferrie Road, Hawthorn VIC 3122, Australia

Divorce

Initiating and finalising a divorce may be one of the most stressful and difficult times you will ever experience. At Clancy & Triado, our experts in family law are here to advise you on your rights and obligations and to help you navigate the legal process.

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Divorce & Separation

At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.

You can apply for a divorce if you have been married and separated for at least one year. It is possible to be separated yet living under one roof, however you and your former partner must have lead separate lives during that period, it must be clear to family and friends that you have been separated, and you will need to provide evidence supporting the separation from a third party.

If you and your former partner agree, you can apply for a Joint Application for divorce. Even if your former partner does not agree, you can still proceed with a sole divorce application, as long as the necessary documents are served on your former spouse prior to the divorce hearing.

At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.

Rights and Obligations

If your marriage breaks down, you have rights and obligations that may include property settlement and spousal maintenance. We strongly recommend that you obtain legal advice before you apply for a divorce, as your divorce and/or the date of separation may affect your entitlement to a property settlement and spousal maintenance. Similarly, a divorce may affect your Will and any entitlements you may have under another person’s Will or pursuant to any Trust.


Property Settlements

Our aim is to support and advise you on achieving the best possible property settlement following a relationship breakdown.



Protecting Your Children

Meeting the needs of any children from your marriage is paramount in the event of divorce.

If you have children from your marriage who are under the age of 18, you as the divorce applicant, are required to attend the Court hearing.

A Clancy & Triado divorce lawyer can help you to obtain the divorce order, and represent you at the Court hearing.



Spousal Maintenance

Payments made by one partner to a former spouse or de facto partner contribute to living expenses after separation and are in addition to child support.

Ready to Take Steps Towards Your Future? Call us on 03 9813 1111 or email your details.

Our Founder

In 1976, Patricia Clancy was building up her legal practice when Gough Whitlam's attorney-general Lionel Murphy changed the law.

It also changed her life.

Her firm Clancy and Triado went on to become one of the most prominent in the state handling divorce - notably for female clients - and custody cases.

Later, Clancy was awarded an Order of Australia for services to law, particularly family law.

The Whitlam period "was a very exciting time. Things a lot of people had objected to were so suddenly remedied at the stroke of a pen."

The legal changes fundamentally changed people's lives for the better, particularly women and children, she says.

"We will never go back to the appalling situation that existed before the act, whereby people were forced to stay in dreadful marriages".

Patricia Clancy AM, Founder
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We Tell Your Story

We listen to your story and advocate for your best interests. Our lawyers are committed to supporting you to achieve the best possible outcome in your family law settlement.

We view Court as the last resort, not a first resort.

We succeed in resolving approximately 95% of our cases before court proceedings are issued, saving our clients unnecessary stress, cost and time.

Your first meeting carries no obligation to proceed.