Divorce Lawyers Gold Coast, Logan & Brisbane
Need legal advice on divorce or separation?
We find that people usually prefer to obtain their own Divorce, by way of preparing and filing the Application for a Divorce and appearing at the Divorce Hearing, if necessary, allowing them to focus their financial resources upon their domestic violence, parenting and or property settlement matters.
The circumstances where people usually would seek our assistance in obtaining a Divorce, usually include, but are not limited to, where they have lived separated under the one roof for a period of time, they have been married for a period of less than two years, thereby needing counselling prior to making an Application for Divorce or where they do not know the whereabouts of their former spouse for whatever reason.
If you are seeking a divorce, which is not a joint application and you have children under the age of 18 years, it is necessary for the applicant to appear before the Court to advise the whether the parties have made suitable arrangements to parent their children, ensuring that their children’s best interests (not the parent’s best interests) are taken into consideration.
To apply for a divorce through the Court, you must have been separated from your spouse for at least 12 months.
Although you can obtain a divorce prior to settling property matters, there is a 12 month time limit after a divorce is granted for applying to the Court for a Property Settlement and/or Spousal Maintenance matter.
If you have any queries regarding your circumstances, call one of our Brisbane Divorce Lawyers for a 15-minute free telephone consultation. Our Gold Coast and Logan based offices are available to take your call on Monday to Friday between 8:30 am and 5:00 pm.
Frequently Asked Questions
1. What Is a Divorce and Lawyer Separation Lawyer
A divorce and separation lawyer is also known as a family lawyer. Their primary responsibility involves protecting the rights of a person in the event of separation. Family law issues are wide ranging and commonly include parenting or child custody matters, domestic violence matters and property settlement matters. Whilst many firms may practise family law, it is important to seek the assistance of firm that specialises in family law.
2. Why Would I Need a Divorce and Separation Lawyer?
Receiving realistic advice from a divorce and separation lawyer early on in your matter is essential, so as to avoid the emotional and monetary costs which can be involved if parties hold unrealistic expectations, which only causes to prolong matters. Whilst it is best if parties can reach an agreement between themselves with regard to family law matters, it is important that parties are aware of their rights and obligations and what may be a reasonable outcome, before having such discussions with their former partner.
3. What Factors are Considered When Dividing Property after Separation?
When assessing the property settlement entitlements of a party, the following factors are generally considered to calculate what their “fair share’ may look like:
- The individual and combined worth of assets and debts;
- Direct financial contributions, such as wages;
- Indirect financial contributions, such as gifts and inheritances;
- Non-financial contributions, such as care of the children or maintenance to a home;
- Future needs, such as differences in income.
4. What Services Do Divorce and Separation Lawyers Provide?
Divorce and separation lawyers provide advice relating to all family law or separation matters, including:
- Child Custody;
- Child Support;
- Child Recovery following Abduction;
- Property Settlement;
- Spousal Maintenance.