Separation & Divorce
Lawyer In Brisbane
Compassion, respect, and expert legal advice are the pillars of our practice. A Brisbane divorce lawyer will guide you through every aspect, from the division of assets and child custody to spousal maintenance and crafting parenting plans.
What Is Legal Separation?
Legal separation is a term that refers to the situation where a married or de facto couple acknowledges that their relationship has broken down irretrievably and they cease living together as a couple. It is different from divorce, which is the legal dissolution of a marriage. Legal separation can have various implications for the couple’s rights and obligations regarding property, children, child support or spousal maintenance and other matters.
Requirements For Separation
In Australia, there is no formal process or requirement for legal separation. However, to apply for a divorce, the couple must have been separated for at least 12 months and show that their marriage has irretrievably broken down. Separation can be initiated by either spouse, or mutually agreed upon, and it can occur under the same roof if certain criteria are met. The Marriage Act 1961 (Cth) is the main legislation that marriages and divorce in Australia.
At LM Family Law Solutions, we recognise the emotional and financial challenges that separation can pose. Our team of qualified and compassionate divorce lawyers in Brisbane can provide you with reliable family law services, ensuring that your best interests are protected during this difficult time.
What Does A Divorce Lawyer Do?
A Brisbane divorce lawyer navigates the legal intricacies of ending a marriage. At LM Family Law Solutions, our services encompass more than just paperwork. We offer tailored and strategic advice and representation, helping our clients to understand their legal rights and obligations, so that they can make informed decisions.
Our services include:
Preparation of divorce documents
Negotiating property settlements
Advising on spousal maintenance
and child support
Providing guidance on parenting arrangements
Representation in court
Helping to resolve financial disputes
Assisting with the division of assets and debts.
Preparing binding property and financial agreements
We also assist with out-of-court resolutions such as collaborative law, arbitration, and mediation.
Whether you have an amicable relationship or a more complex situation, our experienced family law lawyers can help.
We understand that each case is unique and provide tailored solutions to meet your needs.
The Separation And Divorce Process In Australia
The flow of events in a divorce process looks like this:
This is a simplified version of the process and individual circumstances may vary. It’s always recommended to seek legal advice from a divorce and separation lawyer for your specific situation.
Separation
This is the initial step where you and your partner decide to live separately and apart. Separation can occur while still living under the same roof, but you need to prove that the marriage has ended. Couples may choose to begin discussing living arrangements for their children, interim financial arrangements or how assets and liabilities should be divided on a final basis.
Filing For Divorce
Once you have been separated for at least 12 months, one party can file an application for divorce. It is helpful to engage a Brisbane divorce lawyer to assist with the filing process, as there are a number of documents that need to be completed. Your lawyer can also provide advice on what you need to do if you were married overseas or in another state. The application can be made jointly or individually. If applying individually, the other spouse needs to be served the divorce papers.
Hearing
Once the application is filed, it will be heard by a court. The Court will review your case and make a decision about whether to grant the divorce. This process usually takes about 4 weeks to complete and usually requires an appearance in court if there are children of the marriage. This hearing is separate to any process dealing with parenting or property matters.
Finalising The Divorce
Once the divorce is granted, you will receive a certificate of divorce which serves as proof that your marriage has legally ended. This certificate needs to be presented in order for you to remarry.
Getting divorced is never an easy process, but with the help of our qualified Brisbane family lawyers, you can ensure that your rights are protected throughout the process.
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Are you Looking for a Divorce Lawyer in Brisbane?
Working with a Brisbane divorce and separation lawyer near you will have many benefits as your navigate your way through your divorce proceedings.
These include:
Local Experience
A divorce lawyer Brisbane will possess specific knowledge which will be beneficial in many aspects of the proceedings, such as ensuring that the process is conducted according to local laws and regulations.
Expert Guidance
A qualified lawyer can provide invaluable advice for a range of legal matters. From ensuring proper paperwork is completed, to providing personalised advice on property division or child custody, your Brisbane divorce and separation lawyer will ensure that the best outcome is achieved.
Timely Results
The divorce process can be lengthy and complex. A qualified Brisbane separation lawyer can help to streamline the process in order to achieve timely results.
If you are seeking expert legal advice for your divorce proceedings, contact us today to find out more about the services available from our Brisbane divorce and separation lawyers. We are here to help you get through this difficult chapter of your life with as little stress as possible.
Who Needs A Divorce Lawyer?
A divorce lawyer is the best person to consult when dealing with family law matters. This includes divorces, adoptions, child custody disputes, prenuptial agreements, and property division. To ascertain your need for a divorce lawyer, it is important to ask yourself the following questions:
Do I understand the legal proceedings involved in filing for a divorce?
Do I have any major financial assets or debts that need to be divided between my spouse and myself?
How will our children’s custody be decided?
Do I need assistance with prenuptial agreements or any other legal documents?
Am I prepared to go through a lengthy and complex process of negotiations with my spouse?
Do I need help in understanding the legal implications of the divorce proceedings?
Are there any specific laws that apply to my situation that I should be aware of?
Would it be beneficial to have a qualified legal representative on my side during the divorce proceedings?
If any of these questions apply to you, then it is essential that you seek out the advice of an experienced Brisbane separation lawyer. They will be able to provide you with valuable guidance and assistance throughout the entire process.
When Do You Need A Divorce Lawyer?
Determining the right time to consult with a divorce lawyer can be critical in navigating the dissolution of a marriage.
Here’s why:
At the onset of marital issues:
As soon as you start considering divorce or separation, it may be beneficial to consult with a divorce lawyer. They can provide preliminary advice, making you aware of your rights and responsibilities. This early consultation can help you make informed decisions about how to proceed.
When considering filing for divorce:
The legal process of filing for a divorce can be complex and confusing. By consulting with a lawyer early in this stage, you can gain clarity about the process and understand what to expect.
During a sudden change of circumstances:
If there’s a sudden change in your marital situation, such as domestic violence, or substance abuse that affects your safety and wellbeing or that of any children, it becomes urgent to seek legal counsel. A divorce lawyer can guide you on the immediate steps to take to protect yourself and your children.
Post-separation:
Even if you and your spouse have agreed to separate amicably, it’s crucial to consult with a divorce lawyer to ensure your interests are protected. They can help with drafting separation agreements and ensure that any decisions made are legally binding.
Before signing any legal documents:
Before signing any agreements or legal documents related to your divorce, it’s critical to have them reviewed by a lawyer. This ensures that you fully understand the implications of what you’re agreeing to.
Remember, every situation is unique, and what works for one person might not work for another. Therefore, when it comes to divorce, it’s advisable to err on the side of caution and consult with a legal professional sooner rather than later.
How To Apply For Divorce In Brisbane
Applying for a divorce in Brisbane, Australia involves a series of legal steps and requirements. Here’s an overview:
Legal Grounds & Reasons For Divorce
In Australia, the sole ground for divorce is the irretrievable breakdown of the marriage. This is established if the couple has been separated for at least 12 months and there is no likelihood of getting back together. If there’s a 3-month period of reconciliation during these 12 months, the separation period restarts.
Legal Requirements To Get A Divorce
To apply for a divorce, you must meet the following requirements:
Either you or your spouse must regard Australia as your home and intend to live in Australia indefinitely. You are an Australian citizen or resident, or you ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You and your spouse have been separated for at least a year, and there is no reasonable chance of resuming married life.
If you were married less than two years, you will need to attend counselling with a family counsellor and get a certificate from them, or get permission from the court to apply for a divorce without this certificate.
How To Get A Divorce
Divorce applications should be filed online using the Commonwealth Courts Portal online form. This allows you to file within the Court’s secure website. You can apply for a joint application for divorce (i.e., together) or on your own (sole application) through the Federal Circuit and Family Law Court.
If you’re applying by yourself, you need to serve the divorce papers on your spouse.
The fastest and most efficient way to get a divorce is by filing a joint application. This means you don’t have to serve any documents on the other party and the divorce can be granted more easily.
The application process requires certain documents, including proof of citizenship or passport, visa documents, and the marriage certificate.
The government filing fee for a divorce application is currently set at $1060. However, in cases of financial hardship, you may apply for a fee reduction.
Legal Accreditation
Laura Muccitelli holds a masters degree in family law and is also a registered member of the family law section of the Law Council of Australia.
Divorce & Your Kids
Children who are aged 18 or over are not generally included in a divorce matter. However, if children are involved in divorce proceedings, it can be an emotionally and financially complex process. The court will assess all relevant factors (including the child’s age, maturity level, relationship with each parent, etc.) in order to determine what type of arrangement is best for the children’s welfare.
In some cases, the court may order that the children spend time with each parent in accordance with an agreement. If there is a dispute regarding parental responsibility or access arrangements for the children, then this must be resolved before a divorce can be finalised. Parties can negotiate their own agreement to settle any issues related to their children, or they may seek assistance from family dispute resolution practitioners or divorce lawyers Brisbane.
Divorce & Your Assets
During divorce proceedings, all assets and liabilities of the parties must be disclosed so that an appropriate property settlement can be reached. This is known as financial disclosure.
Generally, the court will determine a fair division of assets taking into consideration various matters such as each party’s contributions to the marriage both financially and non-financially, age, health, incomes and earning capacities, and any other relevant matters.
The court may order that certain assets and/or liabilities be transferred from one party to another, or that a person pay spousal maintenance. Alternatively, the parties can reach an agreement outside of court regarding their respective entitlements. In any case, it is important to obtain independent legal advice from a Brisbane divorce lawyer so that your interests are properly protected.
Considerations Pre-Separation & Divorce
Divorce proceedings can be a difficult time and there are several things to consider before they occur.
Understand your rights and obligations under the Family Law Act 1975.
Consider all financial aspects of separation, including property settlement, spousal maintenance and child support payments.
Seek independent legal advice from a divorce lawyer or family dispute resolution practitioner to understand how the law applies to your situation and for advice on parenting arrangements.
Make sure all your assets and liabilities are fully disclosed to the other party in good time before separation or divorce proceedings commence.
Research and explore options for resolving disputes outside of court through family dispute resolution or mediation processes.
Consider how you will manage day-to-day parenting arrangements, including any special considerations such as school holidays or contact with extended family members.
Make sure your children feel supported and are kept informed of any changes that may be occurring.
Prepare yourself emotionally for the transition from being part of a couple to becoming an individual with different interests and goals.
Get advice on how to move forward financially, including creating a budget and exploring options for dealing with debts or assets acquired during the marriage.
Consider reaching out for support from friends, family or professional counsellors to discuss your feelings and help you cope during this time.
It is important to seek legal advice from a Brisbane divorce lawyer so that your interests are properly protected and you are aware of all the necessary steps to take before, during and after your separation process.
Get Expert Representation from an LM Family Law Solutions' Divorce Lawyer
At LM Family Law Solutions, we are dedicated to providing expert support and advice to our clients throughout the divorce process.
Here’s why you should choose us:
We have extensive experience (20+ years) dealing with all kinds of complex divorce cases, from property settlements to parenting orders.
Our highly experienced team of separation lawyers will provide tailored advice and representation based on your individual needs.
We understand that the process can be emotionally draining for separating couples, so strive to reach a resolution in a timely and cost-effective manner.
We are dedicated to providing an empathetic ear and professional advice to make sure our clients understand their rights and entitlements in the divorce process.
If you would like more information on how we can help, please get in touch with us today. Our team of dedicated divorce lawyers Brisbane is here to assist you throughout the entire process.
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Frequently Asked Questions
The cost of a divorce lawyer in Australia can vary widely based on the complexity of the case, the lawyer’s experience, and the specific services required. Here are some key points to consider:
- Solicitors’ Fees: Divorce Solicitors generally charge hourly rates ranging from $350 to $650. These fees cover tasks such as consultations, paperwork, negotiations, and other legal services.
- Barristers’ Fees: If your case goes to court, you may need a barrister who charges daily rates from $1,500 to $6,000. Barristers specialize in courtroom advocacy and procedure and provide expert legal opinions.
- DIY Agreements: For simpler cases, you may choose to draft your own agreements. A lawyer can review these documents for a few hundred dollars to ensure they’re legally sound and fair.
- Litigation Costs: If your case requires litigation, costs can escalate into tens of thousands of dollars or more. This includes court fees, lawyer fees, expert witness fees, and other related costs.
- Arbitration Costs: Opting for arbitration can save 20%-30% compared to litigation. In arbitration, a neutral third party (the arbitrator) makes a decision after hearing arguments and reviewing evidence
- Mediation Costs: Mediation is often the most affordable option, costing about $2,500 per person. It involves a neutral third party (the mediator) helping the parties to negotiate a settlement.
Remember, these figures are estimates and the actual costs can vary. Always discuss fees with your lawyer upfront and consider getting a written cost agreement.
The cost of a divorce lawyer Brisbane varies significantly depending on the complexity of your case, the lawyer’s experience, and other factors. Generally speaking, divorce solicitors charge hourly rates ranging from $350 to $650 for their services. If your case goes to court you may need a barrister who charges daily rates from $1,500 up to $6,000 or more.
No. It is not ethical for a lawyer to represent both parties in a divorce case. Doing so would create a conflict of interest and the situation could potentially be abused. If one party has fewer resources than the other, it’s important that each person gets their own representation. Additionally, it’s important to note that courts may reject agreements if they were drafted by a lawyer who represented both parties.
Yes, it is possible to get divorced without a lawyer. The process involves making sure that all the paperwork is filed correctly and following the correct procedures. However, it is not always recommended, as the process can be complicated and difficult to navigate without legal expertise. In some cases, you may even end up spending more money by representing yourself in court instead of hiring a lawyer. It is best to consult with an attorney to determine the best path forward for your particular situation.
Yes, it is generally recommended to seek legal representation in a separation. A lawyer can provide valuable advice and assistance with the process of separating property and finances, as well as ensuring that all paperwork is filed correctly and in accordance with the law. It’s important to remember that an informal separation agreement cannot be legally enforced if the couple decides to divorce at a later date. A lawyer can help you draft a formal separation agreement and ensure that it meets the legal requirements for enforceability.
Yes, it is possible to file for separation without a lawyer. However, filing the paperwork and following the correct procedures can be complicated and difficult to navigate without legal expertise. It’s important to remember that a separation agreement cannot be legally enforced if the couple decides to divorce at a later date. Therefore, it is best to consult with an attorney prior to filing for separation so that you can make sure all of your paperwork is properly filed and that any agreements are enforceable.
Yes, if you and your spouse are drafting a separation agreement, it is important to seek legal representation so that the agreement can be legally enforceable. A lawyer will help you draft an agreement that meets the requirements of the law in your state and ensures that all terms are fair and reasonable. They will also help ensure that both parties understand their rights and obligations under the agreement. Additionally, a lawyer can provide valuable advice and assistance in negotiating a settlement that is agreeable to both parties.
In Australia, if your marriage has lasted less than two years, there are specific procedures you must follow to apply for a divorce. The duration of two years is counted from the day of your wedding to the day when you submit your divorce application to the Court. Additionally, you and your partner must have lived separately for at least one year prior to filing for divorce.
Before you can proceed with the divorce application, it’s mandatory for you and your ex-partner to attend counselling sessions. This requirement exists to possibly reconcile differences and avoid divorce if possible.
There might be exceptional circumstances in marriages that have lasted less than two years. In such cases, along with the divorce application, the party seeking the divorce needs to submit a sworn statement or affidavit detailing these circumstances.
If you got married outside Australia, you could still file for a divorce within the country, provided you meet all the specified criteria.
Lastly, it’s important to understand that the way assets are divided in a divorce settlement varies from case to case. The court considers all evidence before making a final decision on the division of assets.
These specifics should guide you through the process of applying for a divorce in Australia if you’ve been married for less than two years.
Yes, you can apply for a divorce in Australia even if you were married overseas. All the requirements applicable to divorces in Australia are equally applicable when it comes to overseas marriages.
The first step is to check whether your marriage is legally recognised in Australia. It’s also important to ensure that the overseas marriage meets all the requirements of Australian law. These requirements include that both the parties are of legal age, that there is no existing marriage in Australia or overseas, and that the partner must have lived separately for at least one year prior to filing for divorce.
Once these criteria are met, you can proceed with the usual guidelines applicable to divorces in Australia.
In Australia, a couple must have been separated for at least 12 months before they can apply for a divorce. The length of the separation period starts from the date that both parties started living separately and apart.
In Australia, a divorce can be granted even if one spouse does not want to end the marriage. However, that person may contest the divorce and file an objection with the court. The court will then consider the objections before making a final decision on whether or not to grant a divorce.
Brisbane divorce papers may be served by either a court-appointed process server or through registered mail. The process server is responsible for delivering the documents to the right address and will file an affidavit with the court confirming that they have delivered them.
Alternatively, if both parties agree, the papers can also be served via registered mail. In this case, the court will accept a certificate of posting as proof of service.
After divorce papers are served, the responding party has 28 days to respond (or 48 days if the respondent is overseas). The responding party can either agree to the divorce or contest it.
If they agree, then both parties will need to fill out an application for divorce and lodge it with the court. If there are no contested issues related to children, property or finances, then the divorce should be granted within four months.
However,). If they do not respond within this time frame, then the applicant can file an application for default judgment. This will ensure that the divorce is granted without going through a full hearing.
The length of time it takes to get a divorce in Queensland depends on the circumstances. If there are no contested issues, then the divorce should be granted within four months. However, if one party contests the divorce or if there are complicated issues related to children or property, then it may take longer for the court to issue a final ruling. Additionally, applications for default judgment can take up to 8 months to be processed. In general, it is best to allow the court up to 12 months to make a ruling on a divorce application.
Yes, we provide de facto legal services for people who are in a relationship but not married. We offer advice and assistance with issues such as division of property, parenting plans, financial agreements and much more. Contact us today to find out how we can help you or your partner.
