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:

  1. Are an Australian citizen by birth, descent, or grant of citizenship;
  2. Consider Australia your home and intend to live there indefinitely;
  3. 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.

Brief Marriage

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.

Remarrying

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.

biglaw strathpine

Happy Clients

At Big Law we’re dedicated to providing excellent legal help delivered in a manner that our clients understand.

Why Choose Big Law Lawyers, Strathpine?

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.

We’re conveniently located in Strathpine with ample parking.

No Hidden Legal Fees

At Big Law, you can be guaranteed that you’ll never received unexpected legal bills in the mail. We offer transparent legal pricing for all matters.

Top Quality Legal Help

At Big Law, quality legal help is our focus. You can expect from us, the very best legal advice in the matters we specialise.

Conveniently Located

No need to head to Brisbane CBD to get great legal help. We purposely established Big Law in Strathpine for your convenience.

Things to Read

Things to Consider When Buying a Small Business

There are a lot of compelling reasons to buy an established small business. Existing customers, trained staff, good will and immediate cashflow can all make the purchase of an operating small business a sound investment.

What Your Business Needs to Know About Insolvency & COVID-19

While Australia’s collective efforts to limit the spread of coronavirus mean the country is gradually reopening and retuning to normal, the effect of shutdowns and border closures on the economy will last for some considerable time yet.

What are the Implications of Different Entities When it comes to Purchasing Commercial Property

Investment in a commercial property is a big financial decision but one that in the right economic environment – and in the right location – can be lucrative.

What You Need to Know About SMSF (Self-Managed Super Funds)

In Part One of this series of three podcast, Big Law Partner, Sylvia Lopez and Resource Accounting Queensland Director, Craig Bruce discuss…

Podcasts to Listen to

What Assets Actually Fall into Your Estate Plan?

In this podcast, Estate Planning Solicitor, Elise Jaques explains what assets actually fall into your estate plan. Elise Jaques Solicitor Make an appointment

When Should You Update Your Will?

In this podcast, Estate Planning Solicitor, Elise Jaques explains when should you update your Will.

What is Probate and How Do You Apply for it?

In this podcast, Estate Planning Solicitor, Elise Jaques explains what is a Probate and how you can apply for it.

How to Get the Most Out of Your Estate Planning Appointment

In this podcast, Strathpine Estate Planning Lawyer, Mahendra Mohan discusses a very important document that your executor needs to know about.