Do You Need a Divorce Lawyer?
Going through a separation or divorce is going to be a difficult experience, with many challenges along the way. If you are considering separation or divorce right now we know it means you are experiencing stress, anxiety and uncertainty.
First, take a deep breath. Separation and divorce is like driving to a new city. You know which direction to go, but you don’t know what to expect along the way. For some people the process of separating and divorcing is like driving straight down the highway, with no surprises or speed bumps along the way. For others, they may end up taking a few side roads and scenic routes along the way.
It all depends on many different factors, which is why we advise you that no matter what you’ve seen or heard from other people’s separations, your own situation is entirely unique. Talking to a divorce lawyer is the best way to clear up any confusion and get the advice that applies to your own situation.
Get in touch with us today
Call us now and one of our friendly team will help you book an initial consultation with one of our expert family lawyers.
When separating or considering divorce, it’s important to understand that it’s not just about ending a relationship — it’s about resolving property, parenting, and financial matters with legal certainty.
Hayley Cunningham – Accredited Specialist (Family Law)
What is Separation?
If you’re married, then you need to be separated for at least a year before you can file for divorce. However, you can start resolving matters regarding children and property as soon as you’re separated (i.e. you don’t need to be divorced first).
Separating doesn’t involve any formal procedures. In most cases, you and your partner simply agree the marriage (or de-facto relationship) is over and physically go your separate ways. If you don’t physically separate for some reason (e.g. unresolved interim financial or parenting issues), you should get professional advice.
But whatever happens, you need to know when you separated as it determines:
When you might be eligible to apply for a Divorce Order (marriage)
The time limit for filing any application for financial orders (de-facto relationship)
So, you should keep a record of when you and your partner separated.
What is Divorce?
A Divorce Order simply dissolves a marriage. It doesn’t determine any matters regarding property or children.
In Australia there’s only one ground for divorce—the marriage has broken down irretrievably. To establish this fact, you both need to be separated for a year or more before you can file for divorce. (And no, the time can’t be shortened.)
You don’t have to be married in Australia to be divorced in Australia. However, at least one of you must be an Australian citizen or ordinarily resident in Australia for a year before filing the application.
Once the Court makes a Divorce order, it will issue a Certificate of Divorce a month later.
Fixed Fee Divorce Applications
For many people our fixed-fee divorce service is available, giving you peace of mind that your entire divorce is managed by a family law solicitor, at an affordable price.
Initial Consultation
Your first step is a confidential meeting with a family lawyer to understand your rights, obligations, and options. We assess your situation and outline the best path forward for your divorce.
Finalise Outstanding Matters
When appropriate, we will assist you with finalising any outstanding property or financial settlement matters based on our legal advice to you.
Prepare your Divorce Application
When ready, our team will assist you with drafting your divorce application, including negotiating with your former spouse (when appropriate).
Finalise Divorce
We handle the filing of your divorce application with the court, serving it on the other party, and can even attend court on your behalf if you need. And we’ll ensure your divorce order is made by the court and a copy provided to you.
Reach out to us to schedule your initial consultation.
Contact Us
What You Can Expect from Us as Your Family Lawyers in Brisbane
We understand that this can be a stressful time, especially as you seek to protect property that you feel is rightfully yours. Whether you need to make arrangements to divide property or you need help untangling the additional complexities inherent in a financial settlement after separation, our team is here to provide you with access to many years of combined experience and a focus on an acceptable outcome.
Using our services, you can expect:
Clear, honest insights and advice from the moment you choose to engage our services. We waste no time in aiding our clients by laying out the facts and the various options you have for proceeding.
Robust representation before the courts when necessary. Though putting settlements in the hands of the court will tend to make orders within a predictable range of outcomes, having solicitors that understand the procedures and know how to argue in your favour is essential.
An advocate in your corner. During a divorce or separation, it can feel as though you’re in this alone. We work to ensure that you know you’re not; we are here to advocate for your best interests.
Let Our Team of Expert Family Lawyers Help with Your Divorce
If you are involved in a family law dispute and concerned about your rights and entitlements, we can help.
See What our Clients Have to Say About Our Family Law Services
“Hayley, and the whole team at family law group are a breath of fresh air. They’re honest, respectful, compassionate and direct in addition to being highly, highly skilled.”
“Family Law Group solicitors are not only professional in their approach but are patient and personable. They make sure that you are completely understand what is required from a client perspective and go that extra mile to ensure you are at ease.”
“No words can ever express what Hayley and her team have done for us. Life has completely turned around for the better. Got a hard case dealing with a narcissist then this is the team you need.”