Separation & Divorce Lawyers

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Logan’s Best Separation & Divorce Lawyers

Going through a divorce or separation is often challenging and emotional, but it can also a time for reflection, resolution and rejuvenation. We aim to provide you with greater clarity and control so you can start forging a positive future for your family.

Generally speaking, couples usually apply for a formal divorce after financial and parenting matters have been resolved. If you need assistance with child custody matters or financial agreements, our family lawyers can assist you.

In your free initial consultation, you will meet with a dedicated family lawyer who will start to understand your situation. Our divorce lawyers strive to keep your family out of the courts whenever possible, facilitating a dignified divorce process for everyone involved. 

Frequently Asked Questions

what are my rights in a de facto relationship?

Since 2009 the rights of married couples and those in de facto relationships have been almost identical. That means if you are a couple living in a genuine domestic relationship – and you are not related by family or marriage – you can receive the same assistance in cases of separation. In defining a ‘genuine domestic relationship’ the Court will look at:

  • The length of your relationship
  • The nature of the relationship
  • The financial involvement of each partner
  • The ownership (or co-ownership) of property
  • The parenting responsibilities of each partner (if children are involved)
  • Whether or not the relationship is registered under the law

A de facto relationship can exist for both same sex and heterosexual relationships. It can also include relationships where one of the parties is married to another person, or in a second de facto relationship.

Do I need to register my de facto relationship?

No. The Courts can determine the status of your relationship by measuring a range of other factors. If you wish, you may register your relationship and receive a certificate. This can be for commitment reasons and may also assist with establishing your de facto status.

what are the requirements for applying for divorce?

Divorce is the official end of a marriage, after which you are free to marry again. The Queensland Courts do not consider fault or mutual consent when looking at divorce. The only steps to applying for divorce are:

 

  • Both you and your former partner must be Australian citizens, or you must live in and consider Australia your permanent home
  • You must provide proof of marriage
  • You must have lived in Australia for 12 months before divorce, and you must have been separated for 12 months
  • There must be no reasonable prospect of you getting back together
how do i get divorced?

When you stop living as a couple with your partner you are considered separated. This is the period where you should organise your financial and parenting arrangements.

Generally, you need to be separated for 12 months before divorce but you can remain living at the same residence if you are living separate lives. Agencies such as Centrelink may require further information about your separation in these cases.

what Questions should i ask a divorce lawyer in the first meeting?

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what should i consider when choosing a divorce lawyer?

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Do special rules apply for short marriages?

Yes. If you have been married less than 2 years you will generally be required to attend counselling prior to divorce. Special circumstances can exempt you from this. In these cases, it is recommended that you seek legal advice.

Can I have my marriage annulled?

The family court will very rarely allow for a marriage annulment (which makes the marriage null and void). If fraud, bigamy, or a lack of consent were involved in the initial marriage, this may prompt an annulment.

When will my divorce be finalised?

Once you have met all the Courts requirements there will be a period of one month and one day before the divorce is usually finalised. A short-term divorce order will be granted in the meantime, so you can make proper arrangements.

Additional Resources

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Children and Divorce – Important Things to Consider

Children and Divorce – Important Things to Consider

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De Facto Couples in Queensland – What are Your Rights?

De Facto Couples in Queensland – What are Your Rights?

When you’ve been living with someone for a long time and your circumstances suddenly change, this is going to have some impact on you. Married couples can rest assured that many of their rights are protected under the Family Law Act (1975) but what happens with de...

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