Divorce Lawyers near Brisbane
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What you need to know about getting a divorce in Australia
Divorce can be a straightforward process, especially with the right guidance. If you’re looking for experienced divorce lawyers in Brisbane, you’re in the right place. Our dedicated team of Divorce Lawyers Brisbane can guide you every step of the way.
In Australia, divorce operates under a no-fault system governed by the Family Law Act. This means that neither spouse needs to provide a reason for seeking a divorce or claiming spousal maintenance. The Court doesn’t consider infidelity or any other behaviour during the marriage. The sole requirement is that you and your spouse have been separated for at least a year and a day.
Our Supportive Resources on Divorce and Separation
We provide a variety of informative articles that can help you better understand the divorce process:
Reading these resources can help prepare you for each step and make the experience feel more manageable.
Consultation with Brisbane Divorce Lawyers
If you’re seeking a team of expert divorce lawyers in Brisbane, our office is conveniently located just 10 minutes from the CBD. Our friendly, understanding team also offers phone consultations to discuss your situation and assess how we can assist before you come in.
We’re here to help make the process of divorce in Australia as straightforward and stress-free as possible.
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What You Need to Know About Divorce in Brisbane
Navigating the complex area of family law can be overwhelming, especially when you’re going through a divorce. Under the Family Law Act 1975, specific rules apply when filing a divorce application. Whether you’re dealing with a family court matter or you’re at the point where a divorce order becomes final, our team of divorce lawyers in Brisbane are experts in family law. They’re here to guide you every step of the way. If you’re contemplating separation or divorce, it’s crucial to consult one of our divorce solicitors as soon as possible for an initial consultation. Our experienced family law firm can help you understand various aspects of divorce, from setting a divorce hearing date to the moment you can officially agree to the divorce. Our experienced family lawyers provide family law services tailored to your unique family situation.
Why Choose Our Brisbane Divorce Lawyers
When you need a divorce lawyer, achieving the best outcome is your top priority. Our experienced team of divorce lawyers understands that divorce cases can be complicated. That’s why we offer a comprehensive range of services, from filing an application for a divorce to helping you resolve your divorce issues. Conveniently located just 10 minutes from the CBD, our team of family lawyers is dedicated to guiding you through every part of the divorce process. Whether you’re looking to get a divorce in Australia or dealing with a family court matter, our team is committed to helping you obtain your divorce.
Are you eligible for an Online Divorce?
Do the following requirements apply to you?
If you do not fulfil the above requirements we are still able to assist you however additional work will be required in your matter and you will need to speak to a lawyer directly.
How to get a divorce in Brisbane?
STEP 1
Please click the ‘Apply Online‘ button below and complete all the questions on form.
It is important that you answer all the questions. If you are not sure of some answers please contact our office for clarification.
STEP 2
Once we have received the completed form we will contact you to arrange payment and discuss any additional requirements necessary. We will then draft the documents and send them back to you.
You will need to carefully peruse the documents to ensure all the details on the form are correct and then take the form to a Justice of the Peace and sign the document. Once signed you can then send it back to our office.
Alternatively if you do not feel confident with signing the Divorce you are welcome to make an appointment to sign up the form with one of our lawyers.
STEP 3
Once the documents are returned to our office we will organise to file the documents in Court and attend at Court if required. We will advise of the date that the matter will be heard in Court and the court outcome.
1 month after the matter has been heard in the Court they will send us a Divorce certificate. Once we have received the certificate we will on-forward the original to you for safe keeping.
It is important to keep the Divorce certificate in a safe place as it will need to be presented if you plan to remarry.
Can You Apply for Divorce While Living Together in Queensland?
Yes, in Queensland, you can apply for a divorce even if you and your spouse continue to live under the same roof. However, you must provide additional evidence to prove that you have been living separately and apart for at least 12 months. This includes filing an affidavit with the court detailing how your living arrangements have changed, demonstrating separate lives despite sharing a home. This is crucial for the court to acknowledge the breakdown of the marital relationship. If you’re looking for Brisbane family lawyers to help with your case, our award-winning family law team is ready to assist.
For more information, read our blog:
What Happens If My Spouse Doesn’t Agree to the Divorce?
In Australia, you do not need your spouse’s agreement to proceed with a divorce. The law allows for divorce based on the ground that the marriage has irretrievably broken down, demonstrated by a 12-month separation period. If one spouse does not consent to the divorce, they cannot legally prevent it. The divorce process will continue as long as the necessary criteria and legal processes, including the proper service of divorce papers, are met. This ensures that all parties are fairly represented and their rights protected in the proceedings.
For more information, read our blog:
How Are Divorce Papers Legally Served in Australia?
The legal requirement for serving divorce papers involves a specific process to ensure that all parties are formally notified. The individual filing for divorce must arrange for someone else, who is over 18 years old, to deliver the papers directly to their spouse. This person can be a family member, friend, or professional process server. It’s important that the papers are served personally and they cannot be served by the applicant themselves. This process ensures that the divorce proceedings are conducted fairly and legally.
What Does the Court Need to Know About Child Care Arrangements in a Divorce?
When applying for a divorce, the court must be assured that adequate arrangements have been made for the care of any children involved. This does not necessarily require a formal parenting plan or court order. Instead, the application should demonstrate that responsible care is being provided for the children. This consideration helps ensure that the children’s needs are addressed as part of the divorce proceedings. Make sure to have your marriage certificate ready, as it’s a critical document required during the divorce process, especially for the division of property.
For more information, read our blog:
- Co-Parenting At Christmas: Ensuring Children’s Happiness
- Navigating Child Custody Arrangements with Substantial Assets
- Co-Parenting Tips for Divorced Parents
Is It Possible to Apply for Divorce Before Settling Our Assets?
Yes, you can apply for a divorce before finalising your asset division. However, it is advisable to attempt to resolve property settlement issues prior to applying for divorce. Formalising this agreement through a consent order is recommended to ensure legal validity. If no agreement can be reached, an application for property orders must be lodged within 12 months of the divorce being finalised to ensure your rights are protected.
How Long Does the Divorce Process Take?
The duration of the divorce process typically ranges from 3 to 5 months from the time of filing to the hearing date. The final divorce order is granted one month and one day after the hearing, assuming no complications arise. This timeframe allows the court to ensure all procedural requirements are met and to address any issues related to the separation. Attendance at the hearing may be required, especially if there are children under 18 involved.
For more information, read our blog:
What Are the Costs Associated with Getting a Divorce?
In Australia, the process of filing for divorce involves specific costs. As of July 2023, the key fee is the Government divorce application fee, set at $1060. Additional costs may arise during the divorce process, including legal representation finalising agreements or property settlements, court hearings and document servicing. Understanding these expenses upfront can help manage expectations and budget accordingly for the entire divorce process. For those considering separation, our separation lawyers offer guidance on the separation process and financial separation issues.
For more information, read our blog:
Our Lawyers
Please feel free to read about our people who will help you throughout the application for divorce and manage your family law matter. Our team will try to give you a little insight into what is important to them so that you can best select the family lawyer team that is right for you. Check out our family law information or book a reduced rate consultation to discuss your family law needs.
Our best awards are when our clients say they feel relief, feel at home and we have changed their life.
That is why we are award-winning lawyers.
Recent Blog Posts
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5 vital stages before you can get a divorce
Looking for answers about divorce? Discover the 5 key stages of the divorce process. From property settlements and custody arrangements to legal timelines, this guide covers everything you need to know to feel informed and prepared.
Experienced Divorce Lawyers in Your Area
Going through a divorce can be challenging, but you don’t have to face it alone. Our experienced and compassionate team is here to guide you every step of the way. Whether you’re in Ashgrove, Red Hill, Bardon or other areas of Brisbane, we provide tailored legal solutions to protect your rights and achieve the best possible outcome.
Contact us today to schedule your consultation and take the first step toward a better future!
