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?
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 the 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, descent, 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 years) marriage, and you are looking to get a divorce. In this situation, you and your short-term spouse need to seek counselling and demonstrate it via certificate to the court. Exception does 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 prenuptial or postnuptial, 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.
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Have had the pleasure of dealing with Big Law for the past 2 years and am very comfortable with their advice and the due diligence applied to all sections of my dealings with them. In particular I would like to thank Mahendra, Melinda and Janelle for the patient and caring manner in which they assisted me through a stressful time. Quality outcomes and quality customer service. Thank you all. - Lynette
Professional and understanding in a time of very exceptional circumstances for us both. Big Law act exactly as you pay for and expect and for that I am happy. I would especially like e to call out Olenska as she was professional and understanding when third parties were letting us down. Well done guys. - Adam Jackowski
Big Law were great to deal with during my time with them. Sylvia, Olenska and Yolande were efficient and very accurate when dealing with my contract and queries. Thank you team for all of your help. - Lacey Carroll
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Have been using Tony & the team at BigLaw for many years now for all our legal work including property transactions. Never had an issue ...always handled professionally and speedily. Great local business... - Ian Clark
A good, responsive and extremely professional service with regard to a property purchase. I would highly recommend them. - Bev Carroll
The professionalism of Tony Biggar and his staff especially Michelle Maxwell is unsurpassed in my over 40 years of dealing with Solicitors as a Real Estate Agent. Their negotiating skills, legal expertise and up to date communication held together a very complicated property transaction. My family also had Tony handle Probate, a new Family Trust and Wills to our entire satisfaction. I would, without hesitation, recommend Big Law for any legal matter. - Ian McNally
Tony and Michelle recently assisted us in the sale of our business. They were excellent throughout the process providing expert advice and ensuring the sale went smoothly. I would highly recommend Big Law. - Scott Vickers
Sylvia and the team at Big Law are very helpful, providing plenty of information and always happy to answer the most minor questions to ensure their clients are comfortable and happy. - Kate Mottram
They helped me heaps! Great service - Matthew Boulter
Tony and the team were a great help to us in preparing Will's and Estate management. Thanks to the team there at Big Law. I highly recommend. - Chris Chambers
At Big Law, our key priority is providing people and businesses of the Strathpine and surrounding areas with the very best quality legal help. Our diverse practice areas mean that we can take care of your issues from the most simple to the most complex. We like to say that we provide the quality of legal help that you may expect from a large Brisbane CBD law firm.
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