Divorce Lawyers in Gold Coast, QLD
Divorce Applications
Obtaining a Divorce officially ends a marriage. You can apply for a Divorce twelve (12) months from the date you and your spouse separate.
Experienced Gold Coast Divorce Lawyers
Your separation date is essentially the date when your marriage permanently broke down and either party separately, or jointly with the other spouse, determined that there was no reasonable likelihood that you would resume married life with your spouse.
A Divorce only finalises the end of a marriage and does not deal with issues relating to your children or property settlement. It is essentially an Order of the Court that says you and your partner are no longer married and enables you to marry again. The Divorce Application can be made jointly with your former spouse or solely by you.
A Divorce does not impact how much you receive from your property settlement. It does, however, trigger an important time limitation which you must be aware of, and that is once your Divorce Order issues, you will have twelve (12) months to finalise your property matters
We believe that you should engage an experienced Family Law lawyer to complete the Divorce process however, the Federal Magistrate Court website provides a helpful kit for those who do not wish to engage a Solicitor.
Legal Fees for Divorce Applications
At OMB Solicitors Gold Coast Lawyers, we charge a fixed fee for a Divorce. Our fixed fee includes preparing and filing the Divorce, arranging for service of your Application on your spouse, attending the Divorce Hearing and any other interim steps required to be undertaken to finalise your Divorce. Our fixed fee does not include the Court filing fee payable when filing the Application or the fees incurred by engaging a Process Server to serve your Application on your spouse
For link to important information about Family Law, including fees and forms, visit our Family Law Links page.
The Impact of Divorce on Children
One of the most difficult parts of going through a divorce is its effect on the children.
If you have children below eighteen (18), the Court will only grant a Divorce if you can satisfy the Court that proper arrangements have been made for your children.
Does a Divorce Impact Your Property Settlement?
Essentially, your Divorce is an Order of the Court saying you and your partner are no longer married. It does not affect how much you receive from your property settlement. However, it triggers an important time limitation that you must be aware of — once your Divorce Order is issued, you will have twelve (12) months to finalise your property matters
Contact Our Divorce Lawyers Gold Coast
For more information regarding Divorce Applications, see our Frequently Asked Questions. Alternatively, make an appointment with our Divorce Lawyers Gold Coast to obtain comprehensive advice regarding your Divorce Application.
Contact our Gold Coast Solicitor Team now!
Divorce FAQs
We understand that Family Law cases are often overwhelming.
We have provided answers to some of our most Frequently Asked Questions, however, should you not find the answer you are looking for, contact our Gold Coast Family Law Team TODAY!
Frequently Asked Questions about Divorce in Family Law cases.
- What is a Divorce Application?
- When can I apply for a Divorce?
- What happens if we have separated but continue to live under the same roof?
- What happens if we have children?
- If I get a Divorce, does it impact my property settlement?
- How do I apply for a Divorce?
- Do I have to attend at Court if I apply for a Divorce?
- Will my Divorce be effective on the date of the Hearing?
- Can I apply for a Divorce myself or should I get a Solicitor to do it for me?
What is a Divorce Application?
When a marriage has permanently broken down and there is no reasonable likelihood that you will resume married life with your spouse, a Divorce officially ends the marriage.
Please note that a Divorce only finalises the end of a marriage and does not deal with issues relating to your children or property settlement. Applying for a Divorce is a completely separate process.
When can I apply for a Divorce?
You can apply for a divorce if:
- You and your spouse have lived separately and apart for at least 12 months prior to applying for the Divorce; and
- Your marriage has permanently broken down and there is no reasonable likelihood that you will resume married life with your spouse.
How Can Family Lawyers Help Me File for Divorce?
Our Gold Coast Family Lawyers offer a fixed fee where they will assist you to prepare and file the divorce application, arranging for the service of your application on your spouse, attending the divorce hearing, and the other interim steps you must take to finalise your divorce.
What happens if we have separated but continue to live under the same roof?
It is possible for you and your spouse to be separated but continue to live in the same house. If this applies to you, you will need to satisfy the Court that although you and your spouse continued to live in the same house, you were separated during that time.
What happens if we have children?
If you have children under the age of eighteen, the Court will only grant a Divorce if you have satisfied the Court that proper arrangements have been made for those children.
If I get a Divorce, does it impact my property settlement?
Your Divorce is essentially an Order of the Court that says you and your partner are no longer married. It does not impact how much you receive from your property settlement. It does however, trigger an important time limitation which you must be aware of, and that is that once your Divorce Order issues, you will have twelve (12) months to finalise your Property Matters.
How do I apply for a Divorce?
To apply for a Divorce, an Application needs to be lodged with the Federal Magistrates Court of Australia. A Court filing fee is also payable to the Court at the time of lodging the Application.
Do I have to attend at Court if I apply for a Divorce?
Once your Application has been filed with the Court, the Court will allocate a Hearing date. This Hearing date is normally 8-12 weeks from when your Divorce Application was filed.
Depending on the type of Application made and whether you have children under the age of eighteen, you or your legal representative may be required to attend the Hearing.
Will my Divorce be effective on the date of the Hearing?
At the Hearing, the Court will determine whether or not you have satisfied their requirements for a Divorce. If your Divorce is granted, a Divorce Order will issue one month and one day after the Divorce is granted. Your Divorce will not be effective until this time and this one month period cannot be avoided.
Can I apply for a Divorce myself or should I get a Solicitor to do it for me?
The Federal Magistrate Court website provides a very helpful kit for those parties who wish to apply for a Divorce without the aid of a Solicitor.
If you prefer to engage an experienced Divorce Lawyer or your matter is complex, we can assist you.
At OMB Solicitors, we charge a fixed fee for a Divorce. Our fixed fee includes preparing and filing the Divorce, arranging for service of your Application on your spouse, attending the Divorce Hearing and any other interim steps required to be undertaken to finalise your Divorce.
Please note that our fixed fee does not include the Court filing fee payable when filing the Application or any service costs for serving the Application on your spouse.
Our experienced solicitor can assist you with your Divorce. Contact us at familylaw@omb.com.au for our estimate of fees and we will forward to you our online application form for your completion if you wish to proceed.
Contact our Gold Coast Lawyers Team now!
