Whether you’ve started thinking about divorce or you’ve already separated from your partner, you likely have questions about the process. If you’re looking for a divorce lawyer on the Gold Coast to answer your questions and help you through your separation and divorce, you can turn to the experts at Collective Family Law Group. We’ve responded to a few of the more frequently asked questions right here, but if you need an answer that we haven’t addressed, don’t hesitate to reach out and contact us.
What Do I Need To File For Divorce?
In Australia, you and your partner have to meet specific requirements before you can apply for divorce.
Your relationship must be truly over. To file for divorce, you need to prove that your marriage has broken down, and there is no reasonable likelihood that you will get back together. You need to have been separated for at least 12 months and 1 day, and if you still live at the same address, you need to provide evidence that you have been living independently (i.e. sleeping in separate bedrooms, having separate finances, contributing to bills and chores independently).
Marriage certificate. To apply for a divorce, you need to attach a copy of your marriage certificate to the application. If your certificate is in another language, you’ll need to provide a written translation from a qualified translator and an affidavit from the translator as to the certificate’s contents.
Three copies of your application. If you’re filing your application in person, you’ll need to provide the original application and two copies to the court registry. The court will keep the original, and the two copies will go to each party involved in the divorce.
How Can I File For Divorce?
Filing for divorce is pretty straightforward, but if you need any help with your application, speak with your divorce lawyer on the Gold Coast.
You can apply individually or with your partner. If your relationship has ended amicably, you and your partner may choose to file a joint divorce application. However, if one party wants to apply alone, they can do so and serve the other party with the application. You need to prove that the other party was served with their documents.
You need to apply online. The Commonwealth Family Court takes online divorce applications, but you can be provided with the appropriate forms if you cannot do so. A divorce application will cost $930 to lodge, but you may be eligible for a reduced fee of $310.
Attend a divorce hearing. After you have satisfied the requirements for your divorce application and it has been processed, you’ll need to attend a hearing that will formalise the end of your marriage. Your divorce order will be final after one month and one day from the hearing unless otherwise ordered by the court. You don’t have to attend the hearing if there are no children of the marriage under 18 and a joint application filed.
A Few General Questions About Divorce
To save you a trip to your divorce lawyers on the Gold Coast, we’ve answered some general questions, but if you’d like more information on the following topics, feel free to call Collective Family Law Group and book your free initial consultation.
Will I have to go to court for settlement and child custody disputes?
At Collective Family Law Group, we see litigation as a last resort. Instead, we encourage our clients to seek resolution through mediation and collaboration, so you save yourself the costs and stress associated with taking your matter to court.
How does settlement work? Will I lose everything?
The Australian family court has a 4-step process to divide assets in a divorce. They look at the individual circumstances in each situation and determine a just and equitable division of property.
How soon can I remarry?
You can remarry as soon as your divorce becomes binding (one month and one day after your hearing date). Any marriage before your divorce is binding is an offence and will not be recognised by law.
Who gets the children in a divorce?
You and your partner need to work out a parenting agreement stipulating who the children will live with and organising time for each parent to spend with the kids. If you can’t come to an agreement, you can get a parenting order from the courts that will outline the parenting arrangements the court thinks are in the childrens’ best interests. The courts decide this arrangement based on several factors that affect the child’s life.
If I leave the property during separation, will I lose my share in the divorce?
No, the house is a marital asset, and it will be considered in the division of assets regardless of who is living there. If you are unable to share a house while separated, it’s in your best interest to leave and find alternate accommodation, and this won’t affect your position when dividing property and organising child custody.
Do I need a family lawyer for a divorce?
A lawyer can help you present your best case when it comes to property settlement and child custody. We can walk you through the entire process and support you during this difficult time.
How long does the whole process take?
From the time you lodge your application, it will take anywhere between 8-12 weeks for your application to be processed and another month before your divorce is binding.
What does ‘no fault’ divorce mean?
In Australia, it’s not relevant in the eyes of the court who instigated or is at fault for the marriage breakdown. Provided that the marriage is irreconcilable and you have been separated for 12 months or more, both parties will be treated equitably by the courts.
If You Need A Divorce Lawyer On The Gold Coast, Choose Collective Family Law Group
At Collective Family Law Group, our practice focuses exclusively on family law matters. We’re industry experts in all matters of family law, including but not limited to matters of separation, property settlement, domestic violence, financial agreements, divorce, and child support. We strive to provide quality legal services with a resolution-focused approach to our clients’ needs, and our team offer practical legal advice and solutions in a professional, approachable manner. If you need a family lawyer for divorce, contact Collective Family Law Group today.
We are committed to the efficient and prompt resolution of family law matters, in the most cost effective manner possible.
Call us today to make an appointment for your free consultation with one of our experienced family lawyers.
WHAT OUR CLIENTS SAY..
These guys have been absolutely amazing with helping me with my case as it has been tough but they have helped me get through it. Honestly the team have been so amazing and have helped me with been able to get the courage to get through this situation and they have been so supportive. The service has been fantastic as they have checked up on me and my family constantly to see how we have been going through out the process. I would highly recommend Collective Family Law Group to any one seeking assistance in a family law matter. Yours Faithfully, Mark.
I cannot speak highly enough about the team at Collective Family Law. I was going though a very hard time emotionally and financially and received nothing but compassion and support. If you need a family lawyer please look no further than this group of high knowledgeable and skilled people, you’ll be glad you did. Yours faithfull Brendan.
If any interaction with a business deserve 5 stars this law firm does. When I left I felt like I had been problem solving with a trusted friend over coffee, beware the choc chip cookie jar in the kitchen area
The whole team at Collective Family Law have been so helpful. They have helped me through such a hard time and went above and beyond to make sure my every need was met, and to such a high standard. Couldn’t recommend them enough!!!
The team at Collective Family Law Group helped me navigate through a very difficult time in my life. I appreciated their honest, straight forward approach and would recommend them to anyone needing family law work done.
Amazing firm and staff! Couldn’t recommend enough.
Fantastic experience. I was skeptical of the whole free first consultation thing but how wrong I was. Jenny was awesome, answered all of my questions and advised clearly on my situation with knowledge, understanding and a lovely manner. Would recommend to anyone who asks.
My first (and hopefully last) experience with a family law service, so I have nothing to compare to. I don’t know what fees are like generally with other family law services, but it was a costly experience. You do get what you pay for though, I always had a prompt and professional response to all of my concerns.