Divorce Lawyers in Brisbane and Gold Coast Based Answer Your Questions
Going through a divorce can be one of the most stressful times in your life. You’re likely to have some questions regarding the process, and it can be helpful to reach out early in the process to speak to a qualified divorce lawyer to help alleviate or navigate through some of that stress. Our leading divorce lawyers in Brisbane and the Gold Coast answer some of the most frequently asked questions when it comes to divorce and separation.
What Are the Grounds for Divorce?
‘Irretrievable breakdown’ of marriage is the only legal requirement for getting a divorce in Australia. This is proven by the husband and wife being separated for 12 months and a day. You no longer have to prove that anyone is at fault.
In applying for a divorce, both parties involved in the marriage do not have to agree.
What Are The First Steps in Separating?
You do not have to apply to a court or government organisation, or speak to a divorce lawyer in order to officially separate.
However, there are a few things you will need to do, and this will help to prove you have separated for the required time.
- Notify any organisations that might affect your living or financial current situation that you have separated, such as Centrelink, the Department of Human Services (Child Support and Medicare).
- Make arrangements for any children involved, and tell your family and friends.
- If you have any joint accounts, credit cards, debts or loans, work out what you will do to repay these. You may wish to speak to your bank to discuss what the best steps are. We recommend this helpful checklist from Moneysmart.
- Change your will.
In some instances, you may find it easier for the time being to both still live in the same house. You do not have to move out of the house to prove you have been separated. Our divorce lawyers in Brisbane and the Gold Coast can help you with gathering the extra information you require to prove your separation to the courts in this instance.
How Do I Apply For Divorce?
The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage under Part VI of the Family Law Act 1975.
Once you have proven you have been separated for 12 months or more, you can apply for divorce as long as you or your spouse:
- Regard Australia as your home, and intend on living here indefinitely, or
- Are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- Live in Australia and have done so for 12 months immediately before filing for divorce.
If you were married for less than two years, some extra conditions apply. Our divorce lawyers in Brisbane can help provide you with more information if this applies to you.
You may complete your own divorce application online, or you may wish to have your divorce lawyer do this for you.
You may apply for divorce as a sole applicant, or as a joint applicant with the other party in the marriage. Speak to a divorce lawyer if you are unsure as to which application to fill out, as there are different obligations in both instances.
How Long Will a Divorce Take After Submitting the Files?
Four months is the minimum and average time required to obtain a final Divorce Order (formally known as a Divorce Certificate). This can sometimes take longer if you experience difficulties in serving your spouse.
If you are looking to remarry, do not make any cement wedding plans until your divorce is finalised.
What If We Were Married Overseas?
Provided you meet the requirements listed above, you can apply for divorce in Australia. You will need a copy of your marriage certificate, however if this is not in English there are a few requirements you will need alongside this. Our divorce lawyers in Brisbane and on the Gold Coast can help if this applies to you.
How Are Arrangements for Children, Shared Assets or Spousal Maintenance Determined?
These issues will not be determined at the time of granting the divorce. These are separate issues which our divorce lawyers in Brisbane or the Gold Coast will discuss with you during the process.
Want to Speak to Our Divorce Lawyers in Brisbane or the Gold Coast?
At Pullos Lawyers, we have over 30 years’ experience dealing with all manners of divorce, including spousal maintenance, children's issues and international family law. If you are looking to separate or apply for divorce, get in touch with our divorce lawyers in Brisbane or the Gold Coast today via email, or on (07) 5526 3646.