Divorce is one of the more straight forward processes in Family Law. Once a couple has lived separately for 12 months and married for a total of at least 2 years, either of them is entitled to apply for divorce in the Family Law Courts.
Depending on whether there are children and if the application is made jointly will determine whether a formal court hearing is required and which parties and their lawyers must attend.
In certain circumstances, parties may apply for a divorce even where they have not lived apart for the entire 12 months of separation – additional evidence is required to be presented to the court to substantiate the separation.
In addition to looking after your divorce, we are also proficient in all divorce related matters, including where one party wishes to contest a divorce or apply to annul their marriage consult with our divorce lawyers on the gold coast for more information.
It is important to note that a formal Divorce also triggers certain time limits and benefits/detriments that a mere separation does not. There are overlaps in the areas of Wills and Estates/Succession Law that are impacted upon by a Divorce or Marriage, but not a separation. The family law overlap is that there are only 12 months to bring property settlement or spousal maintenance proceedings from the date the Divorce Order takes effect.
The decision to apply for a divorce is therefore an important one and extends beyond just the ability to change a surname away from your former spouse’s name and/or to remarry. The Hey Family Law team can advise you on these matters and assist you in reaching the decision as to when best to apply for Divorce and the documents needed to do so given the various factors that impact how and when a person can apply for divorce and the resulting Court process that will follow.