A divorce is a painful process, regardless of who initiates it in a relationship. You feel confused, depressed, anxious, and in an emotional tangle. It also significantly impacts the child, causing various psychological and behavioral problems.
The divorce rate in Brisbane, Queensland, is 2.3 per 1,000 persons (according to the latest statistics). The state has the highest crude divorce rate in Australia, besides a significant decline in the number of marriages.
You must hire a law firm like Attwood Marshall Lawyers in Brisbane if you want to separate from your partner and receive the best possible outcome. A divorce case is highly complex, involving several technicalities, documentation, and court proceedings.
Having a lawyer by your side during such a difficult time helps. They will offer you expert legal advice, ensure you follow the correct procedures, provide moral support, and make the entire process less stressful.
What other ways can they help you and things you should know about getting a divorce in Brisbane?
How does the law define divorce in Brisbane?
You can apply for a divorce even if your partner doesn’t agree to it. The Federal Circuit and Family Court of Australia define divorce as the irretrievable breakdown of a marriage. Accordingly, the husband and wife have been living separately for at least 12 months without any chance of getting back together.
How to file a divorce application?
You can file an Online Application for Divorce in Australia exclusively in a Commonwealth Courts Portal. In Brisbane, all such matters are dealt with by the Federal Court, which is situated in Brisbane City, Harry Gibbs Commonwealth Law Courts Building.
However, ask your lawyer to do it for you instead of filling out the form yourself. While applying, you will have to include several documents along with your Application and add links to relevant resources to the proceedings. Your attorney will deal with these steps keeping in mind the legalities.
What are the eligibility requirements?
The Federal Circuit and Family Court in Australia determine the eligibility requirements for separation. For instance, you must be an Australian citizen, have a permanent home in Australia or have lived in the country for a year, and be separated from your partner for at least a year.
You can apply for separation even if you and your partner were married outside Australia and you are unaware of your partner’s present residence. If you are unsure about the eligibility requirements, the best option is to contact a law firm that will inform you regarding the entire procedure step by step.
Are there court proceedings involved?
Whether you must attend the court proceedings at the Federal Court in Brisbane or not depends on the particularities of your case. For instance, you will have to appear in court if you filed a Solo Application and have a son under 18 years of age, you want to attend the proceedings, or the other party opposes the Application.
Your attorney will handle all the court proceedings on your behalf, including
- submitting the documents
- presenting your side of the argument
- ensuring you have fulfilled all the eligibility requirements
- convincing the court that you look after your children
Reviewing your estate plan
You should ask your lawyer to review your estate plan while filing for a divorce because anything you might have left in your partner’s name becomes invalid upon separation. Your lawyer will revise your Will, Enduring Power of Attorney, Appointment of Enduring Guardian, superannuation, and life insurance nominations.
Taking the help of a law firm like Attwood Marshall Lawyers in Brisbane will make the divorce proceedings less stressful for you, as they will handle the various technicalities involved. Your lawyer will ensure you follow the proper steps, from filling out the Application to making convincing arguments regarding the divorce.