DIVORCE LAWYERS Gold Coast
Take the first step, talk to a Family Lawyer.
EXPERT DIVORCE LAWYERS
How a Divorce process works
A Divorce is the legal recognition of the termination of a marriage, which occurs by Court Order. The Divorce process can vary slightly depending on your circumstances, such as whether you and your former partner intend to apply together, whether you have children under 18 years, and whether you and your former partner have continued to live under the one roof following separation. Generally, the Divorce process involves:
- Separation for 1 Year – separation occurs when one spouse communicates to the other that the relationship is at an end. This communication can be verbal or by conduct, such as leaving the home and not returning. There must be an intention by at least one spouse not to resume living together as a couple and the separation must be ongoing for at least 1 year.
- Application to Court – to obtain a Divorce, an Application must be made to Court. This can be done by both spouses or just one of them. Australia has a no-fault Divorce system and so while the reasons for your separation are important to you, they will not be considered in determining whether the Court will grant a Divorce.
- Court Hearing – the Court will determine whether to grant your Divorce at a hearing. We can advise you whether an attendance at the hearing will be required or not, and if it is we can assist you with this. We have a 100% success rate with Divorce applications.
- Divorce Order – this is issued by the Court about 30 days after the hearing, which is when your Divorce takes legal effect. In some special circumstances this time can be shortened.
mudgeeraba DIVORCE lawyers
What services you offer around Divorce
We offer a variety of services in relation to separation and Divorce, ranging from simple joint Applications to more complex cases. Our services include:
- Advice in relation to separation
- Joint and Sole Applications for Divorce
- Contested Divorce
- Appearance at Divorce Hearings
- Interim Applications in Divorce proceedings
- Nullity of Marriage
We also offer a broader range of family law services including Children and Parenting matters, Property and Financial Settlement, and Spousal Maintenance to name a few. Our suite of family law services are offered by the firm’s Accredited Specialist in Family Law, so whether it’s a simple Divorce or a more complex Property Settlement, you can be assured that our Family Law Specialist is formally recognised for a having a high level of competency and knowledge in family law
Frequently Asked Questions
Do I need to disclose my reason for wanting a Divorce?
No, Australia has a no-fault Divorce system and therefore, these reasons can remain personal to you if you wish.
Can I still get a Divorce if my ex is refusing?
Yes, you can make a sole Application for Divorce
I haven’t spoken to my ex since we separated, and I don’t know where s/he is now, can I still get a Divorce?
Yes, we can assist with your Divorce and any interim Applications that may be required in these circumstances.
I was married overseas, can I get Divorced in Australia?
Yes, though some additional requirements may apply so please speak to one of our family lawyers.
Is Divorce and Property Settlement the same thing?
No. Divorce is the legal termination of a marriage. Property Settlement is the process of dividing assets between former spouses.
Do I have to wait a full year after I separate, before getting Divorced?
Yes. The period can be interrupted by a reconciliation of up to 3 months provided that the cumulative period of separation is at least 12 months.
An extensive experience in a wide range of family law matters including:
Property Settlement & Maintenance
Children & Parenting Arrangements
Family Law / De Facto Agreements & Consent Orders
Court Applications and Litigation
Property / Asset Settlement
- Separation is an inevitable time of change, from living arrangements and finances to the amount of time you spend with your children. For some it can be a period of unanticipated hurdles, while for others it becomes an opportunity for a fresh start. Either way, getting advice from an Accredited Family Law Specialist early after a separation is important and can assist you to refocus toward a plan for your future. At RobertsLaw, we have a team that can guide you through the family law Property Settlement process to assist you in achieving a property settlement that sets you on the right path for your financial future. We will work with you toward positive solutions and give you the advice you need to achieve them.
- A Property Settlement involves the adjustment of assets and debts between spouses. While this is often done at the end of a de facto or marriage relationship, some prefer to take a proactive approach and resolve these matters before or during their relationship. Whichever category you find yourself in, we are here to help.
- What you may be entitled to for Property Settlement depends on a number of factors, including financial and non-financial contributions as well as future focussed factors, such as your earning capacity and the care of children. The process for assessing what you might be entitled to in a Property Settlement involves determining the assets and liabilities of you and your former partner, considering whether it would be just and equitable to adjust those assets and liabilities between you, assessing the contributions that have been made by each of you, and assessing any relevant future factors that need to be considered to result in a just and equitable outcome. It is important to note that just and equitable in this context does not necessarily mean equal. We can comprehensively advise you about your entitlements and the best way to structure a settlement so that you can make decisions for your future.
- RobertsLaw can assist in all aspects of family law, whether its giving some initial advice, preparing amicable agreements, or starting court proceedings. From amicable Divorces between consenting former spouses to complex Property Settlements, we have you covered. We provide a multi-faceted service, particularly in areas complimentary to Family Law, so you are assured that we have the expertise to attend to all your legal needs.
- We understand that the breakdown of a relationship can be a difficult time, and that the journey through a family law Divorce, Property Settlement or Parenting Matter can be unchartered water for many. We at RobertsLaw have the expertise and experience to guide you through successfully. While you think about your today, we will carefully guide you toward your tomorrow.
- One of the most rewarding aspects of the work we do at RobertsLaw is to see so many of our family law clients emerge as reinvigorated once we have assisted them to conclude a family law Divorce, Property Settlement, or Parenting Matter. The visible and emotional difference that we observe in so many of our clients, once the shadow of separation has begun to pass and the light at the end of the tunnel becomes visible, for so many, is simply uplifting.