Divorce Lawyers Gold Coast

In Australia divorce is not fault based. The only thing that needs to be proven is that the marriage has broken down irretrievably.

Provided you can answer YES to these 2 questions you should be eligible to apply for a divorce:

1. Have you been married for at least 2 years?

2. Have you been separated on a final basis for at least 12 months (including under the same roof)?

NOTE: Remember that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has legally ended.

Once a divorce has been obtained, and assumingyou can’t agree about dividing finances, you have 12 months to apply to the courts for a property settlement.

Opposing a divorce is difficult. In Australia provided the marriage has irretrievably broken down it is usually open to one party to apply for a divorce.

However, you may be able to oppose the divorce application where:

1. You have been married for less than 2 years; or

2. It has been less than 12 months since separation; or

3. Australia is the wrong jurisdiction (contact us for legal advice if you are unsure).

If you aren’t the Applicant then you do not need to attend the hearing but so long as the Court is satisfied you have been served then the Court will very probably consider the application in your absence.

If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

If there are children of the marriage who are under 18 then unless it is a joint application the Applicant will have to appear at Court for the hearing of the Application.

This is because the Court must be satisfied that appropriate arrangements have been made for the children of the marriage before granting an order for divorce.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. 

If this applies to your situation, you need to prove to the Court that you were separated during this time. This will involve preparing and lodging an Affidavit setting out all of the relevant circumstances. You may find it easier to engage a lawyer to help you with this.

The Court charges a filing fee for an Application for Divorce. This fee is currently $940.

A reduced filing fee of $310 may be available in some circumstances, for example, if you are a concession card holder or, if you are experiencing financial hardship.

You will also need to pay your legal costs (solicitors’ fees) and, if it is a sole not joint application, for a process server to serve the documents on your ex.

We offer a fixed fee service for uncontested divorces starting at just $1000+GST plus disbursements.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

✓ YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

A divorce order takes effect one month and one day after the divorce is granted.

Do NOT get married again until your divorce order has taken effect – otherwise you will be committing a criminal offence (and your later marriage will be invalid).

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email info@arbonlegal.com.au.