Divorce Lawyers Gold Coast

Property division during a Divorce or Separation is governed by the Family Law Act 1975. If the parties have reached an agreement about dividing the property pool, you can document your agreement via Consent Orders or a Financial Agreement in accordance with the Family Law Act 1975. If you and your partner cannot reach an agreement about the property division, you can make an application to the Court for orders.

Consent Orders and Binding Financial Agreements are both ways of settling property and financial matters between parties in a family law dispute. Consent Orders are approved by the court and are more final, while BFAs are private agreements between parties that are not approved by the court and are more flexible. For Consent Orders, the parties must file an application with the court and provide full financial disclosure. The court will then consider the orders and, if they are satisfied that they are fair and reasonable, approve them. For BFAs, parties must obtain independent legal advice and sign the agreement in the presence of their legal practitioner.

By creating a parenting plan which sets out the arrangements for parenting and visitation. The plan should cover issues such as where the children will live, how much time they will spend with each parent, and how major decisions will be made. It’s important to make sure the plan is in the best interests of the children.

In Queensland, the only ground for divorce is the irretrievable breakdown of the marriage. This breakdown is evidenced by the spouses having lived separately and apart for at least 12 months, with no likelihood of reconciliation. It is important to note that you can still be considered “separated” even if you live under the same roof, provided you can prove the separation’s reality to the court. This might involve demonstrating changes in living arrangements, financial arrangements, and the nature of the relationship.

To start the divorce process in Queensland, you need to file an application for divorce with the Federal Circuit and Family Court of Australia. The steps are as follows:

1. Prepare the Application: You can either complete a sole application (if only one spouse is applying) or a joint application (if both spouses agree to the divorce).
2. File the Application: The application can be filed online through the Commonwealth Courts Portal. You will need to pay the filing fee unless you are eligible for a fee reduction or exemption.
3. Serve the Application: If you are making a sole application, you must serve a copy of the filed application on your spouse. Service must be done by someone other than you, and you must provide proof of service to the court.
4. Court Hearing: If there are children under 18, you will need to attend a court hearing. For a joint application or if there are no children under 18, attendance may not be necessary unless there are other complicating factors.
5. Divorce Order: If the court is satisfied that the marriage has broken down irretrievably, it will grant a divorce order. The divorce becomes final one month and one day after the order is made.

If your ex partner does not agree to the divorce, you can still proceed with a sole application. You will need to demonstrate to the court that the marriage has broken down irretrievably and that you have been separated for at least 12 months. Your spouse’s disagreement alone is not sufficient to prevent the divorce from being granted. However, your spouse will have the opportunity to respond to the application and attend the court hearing to present their case. The court will consider all the evidence before making a decision.

The duration of the divorce process in Queensland can vary depending on several factors. Here is a general timeline:

1. Separation Period: Before you can apply for a divorce, you must be separated from your spouse for at least 12 months. This period starts from the date you decide to separate and live apart.
2. Filing the Application: Once the 12-month separation period is complete, you can file a divorce application. If you file a sole application, you must serve the application on your spouse.
3. Court Hearing: If there are children under 18, you will need to attend a court hearing. If it is a joint application or there are no children under 18, a court appearance may not be necessary.
4. Divorce Order: If the court is satisfied that the marriage has broken down irretrievably, it will grant a divorce order. The divorce becomes final one month and one day after the order is made. Overall, from filing the application to the final divorce order, the process can take around 3 to 4 months, assuming there are no complications or disputes.

Whether you need to go to court for a divorce depends on the specifics of your situation:

1. Joint Application: If you and your spouse file a joint application and there are no children under 18, you typically do not need to attend court. The divorce can be processed administratively.
2. Sole Application with Children: If you file a sole application and there are children under 18, you will need to attend a court hearing. The court needs to be satisfied that proper arrangements have been made for the children’s care, welfare, and development.
3. Disputed Divorce: If your spouse contests the divorce or if there are other complicating factors, you may need to attend court hearings to resolve these issues.
4. Separation Under One Roof: If you and your spouse have been separated but living under the same roof, you may need to provide additional evidence and attend a court hearing to explain your situation. In summary, whether you need to go to court depends on whether there are contested issues and whether there are children involved.

If your spouse is abusive, you have several legal rights and protections available to you:

1. Domestic Violence Orders (DVO): You can apply for a Domestic Violence Order, also known as a Protection Order. This order can restrict your spouse’s behaviour, prohibit contact, and require them to stay away from your home and workplace.
2. Immediate Protection: If you are in immediate danger, you can apply for a Temporary Protection Order, which provides immediate protection until a court can hear your application for a full Protection Order.
3. Police Assistance: If you are experiencing domestic violence, you should contact the police. They can assist you in obtaining a Protection Order and provide immediate protection and support.
4. Legal Advice and Support: It is important to seek legal advice to understand your rights and options. You can also access support services, such as domestic violence hotlines and shelters, which can provide assistance and resources.
5. Child Protection: If there are children involved, the court will prioritize their safety and well-being. You can seek orders for the protection and care of your children as part of your application.

Remember, your safety and the safety of your children are the top priorities. There are legal measures in place to protect you from abuse, and seeking help from authorities and legal professionals is essential. Reach out to us on 07 5526 0499 today to learn more about how we can keep you and your children safe

If your spouse is abusive, you have several legal rights and protections available to you:

1. Domestic Violence Orders (DVO): You can apply for a Domestic Violence Order, also known as a Protection Order. This order can restrict your spouse’s behaviour, prohibit contact, and require them to stay away from your home and workplace.
2. Immediate Protection: If you are in immediate danger, you can apply for a Temporary Protection Order, which provides immediate protection until a court can hear your application for a full Protection Order.
3. Police Assistance: If you are experiencing domestic violence, you should contact the police. They can assist you in obtaining a Protection Order and provide immediate protection and support.
4. Legal Advice and Support: It is important to seek legal advice to understand your rights and options. You can also access support services, such as domestic violence hotlines and shelters, which can provide assistance and resources.
5. Child Protection: If there are children involved, the court will prioritize their safety and well-being. You can seek orders for the protection and care of your children as part of your application.

Remember, your safety and the safety of your children are the top priorities. There are legal measures in place to protect you from abuse, and seeking help from authorities and legal professionals is essential. Reach out to us on 07 5526 0499 today to learn more about how we can keep you and your children safe

A divorce can have significant implications for your will and estate planning. Here’s what you need to know:

1. Automatic Revocation: In many jurisdictions, including Queensland, divorce automatically revokes any provisions in your will that benefit your former spouse. This means your former spouse will no longer be entitled to inherit from your estate unless you update your will to reflect this.
2. Updating Your Will: It is crucial to update your will after a divorce to ensure that your assets are distributed according to your current wishes. This includes appointing new executors, guardians for minor children, and beneficiaries.
3. Power of Attorney: Review and update any powers of attorney or enduring powers of attorney to remove your former spouse if they were previously appointed.
4. Superannuation and Insurance: Check your superannuation and life insurance beneficiary nominations. Divorce does not automatically change these, so you will need to update them to reflect your new circumstances.
5. Seek Legal Advice: It’s advisable to seek legal advice to understand the full impact of divorce on your estate planning and to ensure all necessary updates are made.

Updating your estate planning documents post-divorce ensures that your wishes are respected and helps avoid potential legal disputes in the future.

Contact us on 07 5526 0499 today to learn more about how we can help with this process!