SEPARATION & DIVORCE LAWYERS
GOLD COAST & BEYOND
If you’re contemplating separation, recently separated, or have been separated for quite some time, it is important to know your rights and responsibilities. If you are married, you cannot apply for a divorce until you have been separated for 12 months, but you can take steps during that time to get advice about what steps you need to take to prepare and be ready to act when the time comes and you are ready to proceed.
Regardless of whether you are married or in a de facto relationship, the family law process can start at any point after you separate – you do not need to wait until you are divorced.
When you meet with us, depending on where you are in the process, we’ll have a slightly different approach. Select the best option for you:
THE DIVORCE PROCESS
If you were (or are) married, we will walk you through the process of divorce – when you can apply, how you go about applying, how long it might take, and what a Divorce Order means in terms of your ability to apply for a property settlement.
If you’re wondering what a divorce is, you’re not alone. This is something our team is often asked. Put simply, a divorce is a piece of paper that legally terminates a marriage. A divorce only deals with ending your marriage and does not mean you have “dealt with” your property settlement and/or any parenting arrangements – these are completely distinct processes from divorce.
HOW DO I APPLY FOR DIVORCE?
To apply for a divorce, you must have been separated for at least 12 months. That doesn’t mean you have to be living separately – time spent living ‘separated under one roof’ counts towards your 12 months. If you are unsure about your specific ‘date of separation’, our team of Gold Coast divorce lawyers can help you figure that out.
I'VE BEEN MARRIED FOR LESS THAN 2 YEARS. CAN I APPLY FOR A DIVORCE?
If you have been married for less than 2 years, the Court will require you and your ex-spouse to attend counselling to discuss the possibility of reconciliation before you can apply for a divorce. If this applies to you and you’re unsure how to proceed, our team of Gold Coast divorce lawyers can walk you through your options.
I WAS MARRIED OVERSEAS.
CAN I APPLY FOR DIVORCE IN AUSTRALIA?
If you were married overseas, you may be able to apply for divorce in Australia. If this is you, contact our team to learn any special criteria that may be relevant to your circumstances and what you will need to do to apply.
BEFORE OR DURING SEPARATION
From the moment you separate, you can take steps to determine your parenting arrangements and property settlement.
Parenting Matters
It is important to know that the decisions you make now about the arrangements for your children may influence any orders that are ultimately made.
During our initial meeting with you, we will let you know what the Court will likely consider to be in your children’s best interests, so you can make informed decisions about their arrangements early on.
Property Matters
For married couples, you have 12 months from the date your Divorce Order becomes final to apply for a property settlement.
For de facto couples, the time limitation is 2 years from the date of separation.
Whether you are considering separation or you are already separated, one meeting with our team can make all the difference in helping you get a clear understanding of the issues that are most important to you. We can work with you to ensure you put measures in place to get the best outcome – not only in the short term but also in the long term. Sometimes people come to see us way down the track when they think it’s the right time, but by delaying, they have made the process more difficult for themselves. We can help you see what may not be an issue right now, but may pose a threat to you later on.
SEPARATION & DIVORCE LAWYERS
GOLD COAST & BEYOND
I'm Considering Separation
Even if you’re not sure if you will separate from your partner or spouse, we will help you understand what might happen if you do, and what you need to consider moving forward. If you have concerns about whether you can afford to leave a relationship or are unsure about what that would mean for your children, we can provide you with up to date information that will be specific to your situation.
SEPARATION & DIVORCE LAWYERS
GOLD COAST & BEYOND
I'm already Separated
If you’re already separated, we will talk you through the time limitations that could affect you. It’s not uncommon at this stage for you to be overwhelmed by everything there is to know and what you really need to focus on first.
In our first meeting, we will listen to your needs and goals and you will walk away with a clear understanding of your entitlements, your obligations and your options moving forward.
SEPARATION & DIVORCE LAWYERS
GOLD COAST & BEYOND
I've been separated for years and need to finalise our divorce
Some people never get around to formalising their property settlement or getting a Divorce. Depending on where you’re at in life, this could leave you vulnerable to a property claim from a distant ex. During our initial consultation, we will let you know whether you’re at risk and, if so, how you might go about eliminating that risk.
family law serviceS
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