12 months on - Has Australian Family Law changed for the better?
Significant changes were introduced to Family Law on 1…
Posted by: Fiona Browne, Associate
Evans Brandon Family Lawyers is a leading firm of Divorce Lawyers on the Gold Coast. While a Divorce Application can be an uncomplicated process, this is not always the case. Before you divorce and if you are unsure of your entitlements we recommend seeking family law advice from divorce law specialists.
You do not need to have been married in Australia to Divorce in Australia, but you must meet at least one of these criteria:
Timing
Once your divorce is finalised you have 12 months to apply for property adjustment Orders or spousal maintenance.
Property
A Divorce Order does not provide for the division of assets (property). That is a separate application.
Children
A Divorce Order does not decide parenting arrangements. That is a separate application.
Remarrying
The Divorce Order may not be granted at the first Court Hearing so it is best not to plan to remarry until the matter is finalised.
Separated
If you are separated and living under the same roof you will need an affidavit confirming your separation.
Counselling
Have you been married less than two years? You can still apply but must comply with counselling requirements unless permission of the Court is granted.
Unlocated
If your spouse cannot be located, an Order for ‘substituted service’ can be made.
FREE initial phone consultation
Talk to us
Meet the team
Client comments
Case outcomes