Divorce Lawyer in Strathpine, QLD
Divorce is one of the most weighted relationship terms of our time. Divorce rates in Australia increased by 4.3% in 2015 and continue to rise. Every relationship is unique and the circumstances surrounding divorce are equally unique. Below, you will find the most frequently asked legal questions regarding divorce, though if you find yourself contemplating the unfortunate breakdown of your relationship, you should seek professional legal advice right away.
What is a Divorce?
A divorce is technically the legal ending of a marriage. The only real requirement for a divorce is the “irretrievable breakdown” of a marriage. You can prove the irretrievable breakdown of a marriage by demonstrating that the husband and wife have not cohabitated (or been ‘separated’) for a full year with no hope of getting back together.
It can be a painful, jarring, emotional upheaval of a relationship, though hopefully leads to a more satisfying existence for both ex-partners. Fortunately, you don’t have to undergo it alone.
Applying for a Divorce
Who Can Apply?
As mentioned above, in Australia you must demonstrate to the Court that the marriage has broken down irretrievably. If you can prove that, you may apply for a divorce if you or your ex-partner:
- Are an Australian citizen by birth, decent, or grant of citizenship;
- Consider Australia your home and intend to live there indefinitely;
- Or Australia is your primary homestead and you have lived there for at least 12 months immediately prior to filing for divorce.
Though generally, Australian divorce law requires that you not be cohabitated for at least twelve months, you may still be considered “separated under one roof.”
How to Apply?
When applying for divorce in Australia, you can apply for a divorce jointly with your ex-partner. If this is the case, there’s no need to go to Court. However, if you apply on your own, you must ‘serve’ the other party with divorce papers that give notice of the court proceedings. These papers cannot be served personally and the Family Law Courts provide special rules about how these documents should be served and how to prove such service. Filing fees are often associated with this step, though you should contact a Strathpine Divorce Lawyer to see if you qualify for a reduced filing fee.
A whirlwind romance results in a short-lived (less than two year) marriage, and you are looking to get a divorce. In this situation, you and your short-term spouse need to seek counseling and demonstrate it via certificate to the court. Exception do apply in extreme cases (domestic violence, missing spouse, etc.) but you are required to notify the court and legal advice is much advised.
In Australia, you absolutely cannot remarry until your divorce is finalized. Because divorce proceedings can last longer than expected, it is advised that you do not set your next wedding date until well after the expected final divorce order date. If the divorce is not legally finalized you will not be able to marry, period.
Children & Property Settlement
Understandably, the most difficult divorces are the ones concerning children. When children are involved, the divorce proceedings become instantly more difficult because of the need to ensure the best interests of the child. You must determine such important details as education, healthcare, cultural support, religious upbringing, and obviously, custody among other issues. For more information on the potential complications and difficulties that arise when guaranteeing the arrangements made for children, see our section about Children and Divorce.
However, property settlement may be contentious as well. If you have a prenuptial agreement, then the child arrangements and property settlement may go much more smoothly. For more information on prenuptials or postnuptials, visit our section regarding Pre-and Post-Marital Arrangements. Otherwise, the division of property must be resolved within one year of the divorce order or a separate application must be filed within that time period. Child arrangements may be decided through alternative dispute resolution, but if not then Court proceedings will be necessary.
Contact Our Strathpine Divorce Lawyer for Legal Help
If you are unhappy in your marriage and the situation is irretrievable, please reach out to your spouse and suggest speaking with a Family Lawyer Strathpine. With the legal help you and your ex-partner need, you can work together to achieve a happier future, for everyone.