Divorce Lawyers Brisbane

Professional Divorce Law Solicitors

Professional Divorce Lawyers in Brisbane

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.

Many people have the mistaken belief that, at the end of a relationship, the property is supposed to be divided between the parties on a 50/50 basis. This is not the case. Under the Family Law of Australia, the Court has a wide discretion in deciding the property settlement entitlements of each party in the...

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.  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.

There is a fee of $910 for filing an Application for Divorce with the Court. It is possible to have this fee reduced to $350 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. 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.

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.

Our Team of Divorce Lawyers in Brisbane can guide you through the legal process of getting a divorce as quickly as possible.

In 2017 Australia finally amended its legislation to allow same sex couples to enter into Marriage. With this change same sex couples now find the legal circumstances of their relationships have evolved. So then how has the law as it applies to same sex relationships changed, and what are your rights now?

One of the most common questions that we receive regarding parenting matters, is whether the parties should formalise their arrangements through a parenting plan or using parenting consent orders. Each approach has advantages and disadvantages and may be appropriate or inappropriate depending on the circumstances of each matter.

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In Australia, Divorce is considered “no fault”. This means the Family Court takes into account the reasons behind a marriage ending. It is important to note that Divorce only recognises the end of a marriage and does not deal with Property Settlement or Parenting matters.

An application for Divorce can still be made even if you live in the same house as your husband or wife. This is called “separated but living under one roof”. A further Affidavit is required to be lodged in these circumstances.

A.L.F. Lawyers are Divorce Lawyers in Brisbane who can assist in drafting the required Divorce Application and Affidavits.

A.L.F. Lawyers offer a fixed fee for your Divorce Application after our initial 15-minute consultation either face to face or over the telephone which is obligation free and offered to you for FREE.

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