What you need to know about getting a divorce
Applying for a divorce does not need to be difficult or emotionally draining. So if your looking for a Brisbane Divorce Lawyer then you’ve come to the right place. In Australia, we have a no-fault divorce system. This means that neither Husband or Wife need to provide reasons why they wish to obtain a divorce. The Court does not take into account infidelity or each party’s behaviour during a marriage. The only basis for obtaining a divorce in Australia is that the parties have been separated for a year and a day.
We have a number of articles related to divorce and separation that you should take the time to read so that you better understand the process that you’re about to go through.
- What to Expect in Family Court
- Top 6 Myths about Separating and Divorce
- Separation from a Man’s View v Separation from a Woman’s View
- Child Custody & Separation: What are the Rules?
To make the process easy for you, you may consider completing our Easy 1-2-3 Step Online Divorce Application.
Are you eligible for an Online Divorce?
Do the following requirements apply to you?
- You were married in Australia; and
- You currently live in Australia on a permanent basis or are an Australia citizen; and
- You have been separated from the other party for more than a year and a day; and
- You have not lived in the same residence as your Husband or Wife; and
- You have no children under the age of 18 years, or
- You have children under the age of 18 years but have arrangements in place for the care of the children;
If you do not fulfill 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.
Complete all the questions on form below.
NB – It is important that you answer all the questions. If you are not sure of some answers please contact our office for clarification
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.
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.