Divorce
ACCREDITED AND RESULTS FOCUSSED
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. If you are unsure of your entitlements we recommend seeking family law advice from divorce law specialists before applying to the Court for a divorce.
Why Evans Brandon Family Lawyers are leaders
- If your matter has been unable to be resolved amicably, you need an experienced family lawyer with a results focus. We have a reputation for handling Court matters with excellent outcomes for our clients.
- We keep in touch and act in accordance with your instructions at all times.
- We are upfront on costs and cost effective.
- Our staff members are encouraged to engage in further education and continue to improve their skill level to provide highly skilled advice in the area of family law.
Who chooses Evans Brandon Family Lawyers?
- Clients come to us specifically for the experience and reputable talents of our Partners, Dean Evans, Luke Brandon and Guy Neilson. Our Partners are supported by highly trained lawyers and support staff. All our staff are long-standing and specifically trained in the area of family law.
- Other lawyers and the Queensland Law Society often recommend us.
- Word of mouth works in our favour.
Eligibility for divorce
You do not need to have been married in Australia to Divorce in Australia, but you must meet at least one of these criteria:
- Australian Citizen.
- Ordinarily live in Australia.
- Have lived in Australia the year before the Divorce Application.
- You regard Australia as your home and intend to live here indefinitely.
Application requirements
- We recommend you first seek legal advice.
- If you are eligible to apply, complete an Application for Divorce.
- File it with the Federal Circuit and Family Court of Australia and pay the application fee.
- Be able to show the Court that you are married.
- Be able to show the Court that you have been separated at least 12 months.
- Be able to show the Court that there is no reasonable likelihood of reconciliation.
A word of warning
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.