Divorce is emotionally and mentally stressful. It might be one of the hardest experiences you’ve ever been through.
That’s why it’s so important to have the right people standing beside you.
At , we’ve been guiding our clients through separations and divorces since 1955. We’re the most experienced family law firm on the Gold Coast, and we know exactly how to navigate the complexities of modern divorce.
If your relationship is broken, it’s time to take the next step.
Your future starts with the right divorce outcome.
Book a free consultation today.
About Divorce in Australia
In Australia, you can only get divorced if you, your partner and your lawyers prove to the court that your marriage has suffered an ‘irretrievable breakdown’, which means there’s no reasonable likelihood you’ll mend your relationship. It doesn’t matter why you’re getting divorced – neither you nor your partner are at fault, and the reasons for your separation won’t affect the court’s decision.
Applying for divorce is usually a straightforward process. It’s possible to get divorced without hiring a family lawyer, but having a legal professional handle your matter is normally faster, easier and safer.
Why? There can sometimes be complications in the divorce process, which makes having an expert family lawyer invaluable. A skilled divorce solicitor can explain problems and work with you to formulate solutions that help you move forwards in the best possible manner.
Who can apply for divorce?
To apply for divorce, you must be either:
- an Australian citizen.
You and your partner must be:
- separated for more than 12 months (including under the same roof)
Gold Coast Divorce FAQs
Do both spouses have to apply for a divorce together?
No. An application for a divorce can be made by one of the spouse parties acting on their own. Alternatively, if you both agree to get divorced, you can make a joint application.
Do I have to go to court for my divorce application?
Unless you have children under the age of 18, you won’t normally have to go to court. If you want, you’re able to attend court when the court considers the application and decides whether to grant the divorce order.
What documents do I need to file for a divorce?
You’ll normally need a copy of your marriage certificate to accompany your divorce application. If the marriage took place overseas and is in a language other than English, you’ll need a translated version and a supportive affidavit by the translator.
Are there any time limits I should be aware of?
Yes. An important limitation period starts from the date that the divorce application takes effect. From that point onwards, you and your ex-spouse have only 12 months in which to apply for a property adjustment order (a family law property settlement) or a maintenance order.
If you miss that deadline, it’s sometimes possible to obtain the court’s permission to begin a case after the 12 months have lapsed. Unfortunately, permission to start a case late may not be given, so it’s always better to be apply for orders before the deadline arrives. If you’re worried you’ve run out or might run out of time, get in touch with one of our family lawyers immediately.
What about my Will?
Getting a divorce may invalidate your Will. In Queensland, a divorce revokes those parts of a Will that would otherwise see property or power to act as trustee or executor going to your ex-spouse (although, depending on your circumstances, there may be exceptions to this rule).
It’s essential to get legal advice about your Will and when going through a divorce. Get in touch with our Wills and Estate Planning team to assess how your plans for the future might be impacted by a separation.
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Please note that all information on this page is general information only. It is not legal advice and should not be taken as such or relied upon. If you think you might need to talk to a solicitor, get in touch with one of our Gold Coast divorce lawyers.