Divorce and Separation

Applying for a Divorce

In Australia, being granted a Divorce legally ends a marriage and enables you to remarry.

The grounds for obtaining a Divorce are, in most cases, straight forward. You can obtain a Divorce if the marriage has broken down irretrievably and you and your spouse have been separated and have been living separately and apart for a continuous period of not less than 12 months prior to filing the Application for Divorce.

If there are children under the age of 18 years of age, the Court must be informed of and satisfied that reasonable arrangements have been made for the care of the children. These details will need to be included in your Application form.

Issues can arise when applying for a Divorce. Our Family Law team are experienced in resolving complex divorces that may involve the following matters:

– Short marriage
– International Family Law.

At North Brisbane Law we understand how complex the Australian Family Law system is and we regularly help clients through the divorce process, whether it is a sole or joint application. We pride ourselves on our high quality service and we are highly regarded by our clients. Our aim is to minimise emotional and financial stress throughout the separation process.

 Defacto relationships

A defacto relationship is defined as persons that are not legally married to each other, not related by family and having regard to all other circumstances of the relationship who have a relationship as a couple living together on a genuine domestic basis.

In our experience, the following factors are usually given greater weight by the Court in considering whether or not a party is in a defacto relationship or not:

  • The extent to which the parties have shared a common residence and live together;
  • The extent to which the parties have held themselves out as a couple to family friends or the general public;
  • Whether the parties have an exclusive intimate relationship; and
  • Whether the parties conducted joint bank accounts and purchase property or other items jointly together.

The nature and duration of a defacto relationship can be an important factor that impact upon financial property settlement. In a defacto relationship situation, it is important to remember that after separation, you only have two years to apply to the Court for financial relief.

At North Brisbane Law, we provide the highest quality advice to individuals in a defacto relationship going through relationship breakdowns. We would recommend that you seek specific advice from one of our experienced Family Law Solicitors about the particular circumstances of your defacto relationship. Our aim is to help you resolve the defacto property settlement matters quickly and efficiently and in a cost effective manner.

At North Brisbane Law we understand how complex the Australian Family Law system is and we regularly help clients through the divorce process, whether it is a sole or joint application. We pride ourselves on our high quality service and we are highly regarded by our clients. Our aim is to minimise emotional and financial stress throughout the separation process.

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