A divorce marks the legal conclusion of a marriage, a formal & legitimate process that signifies the dissolution of marital ties. This legal document terminates the marital contract for a lifetime for both parties.
Getting our divorce lawyers Brisbane services empowers you to initiate a divorce application in the Family Court of Australia, followed by a separation period of AT LEAST 1 continuous year. This period doesn’t affect any property settlement negotiations. For marriages that are shorter than 2 years, mandatory marriage counselling is a prerequisite before going for a divorce application.
In some easy scenarios, a joint divorce application can also be filed through your divorce lawyer. If consensus eludes, an application can still proceed based on a year-long separation with proof of evidence, combined with provisions safeguarding child welfare.
Secure an affordable, hour-long consultation with our highly experienced and reliable family lawyers in Brisbane to resolve your unique circumstances, ensuring informed decisions in your divorce process.
In cases where a spouse is seeking a divorce, the process can start after 1 year of continuous separation between the two parties. During this period, it is advised to formally communicate the separation to family & acquaintances, update official records to show the separation, and organise distinct living arrangements, including separate bedrooms.
Furthermore, you need to maintain emotional & financial independence during this phase, because it is important. Shared financial responsibilities & domestic chores should be segregated. As a
distinguished separation lawyer, we are fully ready to provide clarity on such separation intricacies to Brisbane residents who are seeking guidance.
It’s noteworthy that even if you reside under the same roof for part of the one-year separation period, divorce remains possible. An affidavit accompanying the divorce application may attest to the shared domicile and independent lives.
For marriages under 2 years, marriage counselling is typically mandatory before filing a divorce application, unless any other circumstances apply. In times of relationship turbulence, consultation with a trusted family lawyers in Brisbane or divorce lawyer is HIGHLY recommended.
Filing a divorce application with the court incurs a fee of $930. However, this fee can be reduced to an affordable $310 under some specific conditions. For joint applications, a fee reduction automatically applies if both parties are recipients of qualifying pensions, allowances, or payments. Similarly, for solo applications, the fee can be reduced too, if the applicant receives a similar qualifying pension, allowance, or payment.
When there is mutual consent, a joint application for divorce can be filed & pursued. In such cases, neither party is required to appear in court, and the responsibility to serve court documents on the other party is lifted off their shoulders. If any one spouse declines a joint application for divorce, the other spouse can file a solo application too. In this scenario, the filing spouse must arrange for proper service of all
the court documents on the other spouse. Our divorce lawyers are up-&-about (ready) to offer highly educational and insightful counsel in these circumstances.
But, more importantly, the filing spouse cannot personally give court documents to the other party. There are well-versed rules governing the timing & manner of document service. In cases involving minor children, the applicant must attend a court hearing to guarantee proper arrangements for child care. If you need a divorce lawyer’s assistance in processing these applications, rest assured that we stand ready to provide professional guidance in any legal matter.
In the Australian legal context, the absence of a ‘fault’ requirement for divorce means that the grounds (drawbacks & flexibility) for processing a divorce application are limited. These objections typically pertain to procedural aspects & may cause delays until resolved.
There are two key points of objection & implications.
Choosing A.L.F. Lawyers for your divorce and separation needs brings forth a range of benefits that ensure a smoother process and a more secure future. See why our separation lawyers in Brisbane and divorce lawyers are the BEST!
For dedicated & EXPERT legal support in your divorce process, trust A.L.F. Lawyers to guide you towards a brighter tomorrow.
Our collective of family and divorce attorneys in Brisbane is determined & destined to escort you through the complex path of divorce proceedings, making sure that you get an easier resolution. If consensus is reached regarding any property division, this paperwork can be embodied in either Binding Financial Agreements or Consent Orders, leading to finalisation through court presentation.
In this legal industry, each outcome & case comes with its own set of merits & drawbacks, tailored to the complete context of your scenario. If there is no unanimous decision, a court intervention will demand a property settlement order.
But, stay rest easy; whether making consent orders or digesting court judgements, equitability reigns supreme. Factors like retained property portions and property types, which are important to each party, unfurl under the eyes of the court. So when the need arises, the fine-tuning of proposed property adjustments transpires to draft an equitable & just division.