Divorce Lawyers Brisbane

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A Divorce is a legal action between a married couple to terminate their marriage relationship. It can be referred to as the dissolution of a marriage. It represents the legal action that ends the marriage before the death of either spouse.

You can use Divorce Lawyers to make a Divorce Application to the Family Court of Australia for a Divorce after you have been separated for a period of at least one continuous year. You do not need to wait for this period to pass to finalise a Property Settlement. Where you and your partner have been married for less than two years, you are required to attend marriage counselling before you are permitted to apply for a Divorce.

Where both parties agree, your Divorce Lawyer can apply for a Joint Divorce Application. In situations where the second party does not agree to a Divorce, you are able to apply for a Divorce without the consent of the other party providing you can provide evidence of separation for one year and you have the necessary arrangements to protect the welfare of the children.

Book an affordable 1-hour consultation with one of our expert Family Lawyers in Brisbane for advice and information in relation to your individual circumstances.


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    A party to a marriage may apply for a divorce after they have been separated from their spouse for a period of at least one continuous year. When separated from your spouse you should advise family and friends that you are separated, lodge documents with government agencies advising them that you are separated, and sleep in separate bedrooms.

    Also, when separated from your spouse you should not be intimate with each other, nor manage your financial affairs jointly nor perform domestic duties such as cooking meals or doing laundry for each other. Being a family lawyer Brisbane residents recognise, our offices will be able to advice you if you require such clarification on any such scenarios involving separation.

    It is possible for all or a part of that one-year period to have been spent living separately, but under the same roof. In this case, someone would have to submit an affidavit with the Application for Divorce attesting to the fact that you and your ex-partner were living apart but under the same roof during any part of the one-year period of separation.

    If you and your ex-partner have been married for less than two years at the time that you apply for divorce, you will be required, except in exceptional circumstances, to attend marriage counselling before you are permitted to submit your application. Even through such a phase of uncertainty in your relationship, we recommend you seek appropriate consultation from reliable family lawyer Brisbane residents can trust.

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    There is a fee of $930 for filing an Application for Divorce with the Court. It is possible to have this fee reduced to $310 if, in the case of a joint application, both parties receive a qualifying pension, allowance or payment, or, in the case of a sole application, if the spouse making the application receives a qualifying pension, allowance or payment.

    If both parties agree, a joint Application for Divorce can be made. If the application is joint, neither party is required to appear before the Court and there is no need to serve the Court documents on the other party. If one spouse does not agree to participate in a joint Application for Divorce, the other spouse can file a sole Application. In this case, the spouse making the application will have to arrange for someone to ‘serve’ the Court documents on the other spouse, where the Court documents are handed to the other spouse. Our family lawyers will most certainly be able to assist you if you require any advice pertaining to such a situation.

    The spouse making the Application is not allowed to serve the Court documents on the other spouse. There are rules about when and how the Court documents must be served on the other spouse. If there are minor children of the marriage, the party making the application will be required to attend the Court hearing as the Court is required to satisfy itself that necessary arrangements have been made for the care of the minor children. If you need a family lawyer to aid you in making these applications, know that we are always ready to provide expert consultation.


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      As there is no need to prove a party is ‘at fault’ for a divorce to be granted in Australia, there are limited grounds upon which a party can raise an objection to the granting of an Application for Divorce. Those grounds are of a procedural nature and would only serve to delay the granting of a divorce until the procedural issue has been properly addressed.

      The first issue would be if the responding spouse disputed the period of separation claimed by the spouse making the application. If the Court accepted that the period of one continuous year of separation had not been observed, the Court would not grant the Divorce until the required period had passed. Another basis for objecting to the Application being granted would be if the Court documents were not served correctly, either in the required time or by the required manner.

      If the Court accepted that this was the case, the Court would direct that action be taken to correctly serve the documents on the other spouse and the divorce would not be granted until the Court was satisfied that proper service had been completed.

      Expert Team of Family & Divorce Lawyers

      Our Team of Family and Divorce Lawyers in Brisbane can guide you through the legal process of getting a divorce as quickly as possible. If the parties can come to an agreement on how the property will be divided, that agreement can be formalised in either a Binding Financial Agreement or Consent Orders which are presented to the Court to be finalised.

      Each approach has advantages and disadvantages and may be appropriate or inappropriate depending on the circumstances of your matter. If an agreement between the parties cannot be reached, an application to the Court for a property settlement Order will be required.

      If applying for consent orders or seeking the court to decide the property split for you, the court will only make the split if it is just and equitable in all the circumstances of the case.

      In doing so, consideration is given to both the amount of property which would be retained by each party, as well as the type of property retained by each party. If required, changes may be made to the proposed adjustments to property interests to achieve a division that is just and equitable.


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      Property Settlements have time limitations attached to them. An application for property settlement needs to be made within 12 months of the date of the divorce being finalised or, in a de facto relationship, within 24 months of the date of separation. The courts can grant leave if you need to file outside these time limitations. However, if you need to make this application, you will need to demonstrate that you or your children will suffer hardship if the leave is not granted, and you will further need to demonstrate the explanation for the delay.

      Our Team of Family and Property Settlement Lawyers in Brisbane can guide you through the legal process of seeking a fair settlement as quickly as possible.

      If you would like more information on this topic we suggest that you refer to some of the blogs on this screen.


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