Divorce Lawyers in Mitchelton

We give you a clear understanding of the process

In Australia, divorce is the process of severing the legal relationship between spouses.

An application for divorce does not determine how your finances will be separated, or your parenting arrangements.

We have a “no-fault” divorce system, which means that neither you nor your ex-spouse need to prove that one of you did something wrong in the marriage.

There are some eligibility criteria that must be met:

  1. You or your spouse must be an Australian citizen or resident and consider Australia as your permanent home.
  2. You have to produce your marriage certificate. If you were married overseas, you may need to obtain a translation into English of the marriage certificate.
  3. You must be separated for at least 12 months.

Once you have filed a divorce application, you must “serve” your ex spouse with the application. We have assisted many clients to achieve a divorce in circumstances where their ex has refused to accept service, or has relocated to an unknown location.

We’re based in Mitchelton and help people across Brisbane’s north-west with divorce applications, in person or online.

We make sure you are across the time limits

Once a divorce order has been made, you only have one year to file your application to the Court for a financial settlement.

If the one-year period has expired, there is a provision for an application for leave to apply out of time, but it is best to avoid having to seek that leave as it may not be granted.

Missing the deadline can mean your application can be refused altogether and not heard. Having to seek leave to apply out of time is risky and expensive.

How the timing works

1Separate for 12 monthsYou can’t apply for a divorce until you’ve been separated for at least 12 months.
2Apply and serveFile your divorce application, then serve it on your ex.
3The divorce takes effectOne month and one day after the divorce order is made.
4The property clock startsFrom that day, you have 12 months to apply to the Court for a property settlement.

Related reading

Woman looking out towards the futureProperty settlementProperty settlement time limits: how long do you actually have?Property settlementHow is property divided after separation in Queensland?Wills & estatesSeparated but not divorced? Your ex may still inherit everythingProperty and financial settlements Working out what’s in the property pool and what a fair split looks like.

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