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 officially dissolves the 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 commence Court Proceedings to seek a property settlement if an agreement is not able to be reached to finalise your matters.
We believe that you should engage an experienced Family Law lawyer to complete the Divorce process however, Federal Circuit and Family Court of Australia provides a helpful kit for those who do not wish to engage a Solicitor.
At OMB Solicitors Gold Coast Lawyers, our 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 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.
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.
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
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.
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 for help.
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.
You can apply for a divorce if:
Our Gold Coast Family Lawyers 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.
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.
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.
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.
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.
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.
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.
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 can assist you in applying for a Divorce to officially end a marriage. Our service 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 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