What you should know about filing for divorce

Our team of experienced divorce lawyers are committed to guiding you through the divorce process from the outset through to finalisation. Firstly, there are certain matters which must be established to the satisfaction of the court in order for a divorce order to be issued:

  • The court has jurisdiction;
  • That proper service has been effected;
  • That there is a legal marriage between the parties;
  • That the marriage has broken down irretrievably;
  • That the parties have been separated for a period totaling 12 months; and
  • The identity of the children of the marriage who are under 18 along with the current arrangements for their care and the proposed future arrangements.

If there is a likelihood of the parties reconciling or resuming cohabitation, the court will not grant an order of divorce.
For married couples, the date of the divorce order is significant as parties have 12 months from such time to file property proceedings in Court.

Separation issues and how our divorce solicitors can help

The issue of separation is relevant to both married and De Facto couples. There is usually little argument as to whether separation has occurred in cases where one party vacates the former matrimonial home. Issues may however arise in circumstances where parties legally separate under the one roof. If this separation is accepted by both parties, then there is little argument.

However, there are situations where one party considers they are separated under the one roof whereas the other party does not. In such circumstances it becomes necessary to examine and contrast the state of the marital relationship before and after the alleged date of separation.

If you are the party claiming separation under the one roof, it will be important to show that services rendered by you during this time were referable to the children of the relationship rather than as part of your commitment to the marital relationship. Our highly skilled divorce lawyers throughout Brisbane can help you do this.

Additionally, in De Facto matters, the date of separation has certain implications for finalising property matters. In De Facto relationships, an application for property division must be made within two years from the date the relationship came to an end.