As first-class family and divorce lawyers in Brisbane, our paramount duty is to guide families through the legal process with minimal disruption and distress, aiming to resolve matters efficiently and away from court.
How to File for Divorce: Tips from Our Expert Divorce Lawyers in Brisbane
- Can I apply for a Divorce Order in Australia?
- How do I apply for a Divorce Order in Australia?
- What does a Court consider in a Divorce Application?
- Can I oppose a Divorce Application?
- Do I have to attend the Divorce Hearing?
- Will decisions about future arrangements for our children, property and spousal maintenance be made at the same time?
- I have applied for a Divorce in Australia, is it safe to set a wedding date for my new marriage?
- I married overseas – can I get a Divorce in Australia?
- I got divorced overseas – is it recognised in Australia?
How to File for Divorce: Tips from Our Expert Divorce Lawyers in Brisbane
- Can I apply for a Divorce Order in Australia?
- How do I apply for a Divorce Order in Australia?
- What does a Court consider in a Divorce Application?
- Can I oppose a Divorce Application?
- Do I have to attend the Divorce Hearing?
- Will decisions about future arrangements for our children, property and spousal maintenance be made at the same time?
- I have applied for a Divorce in Australia. Is it safe to set a wedding date for my new marriage?
- I married overseas – can I get a Divorce in Australia?
- I got divorced overseas – is it recognised in Australia?
We let our clients do the talking...
Peter L
2023-10-26
I highly recommend Gavin Lai from Emerson Family Law. He was very professional and responded to emails and provided updates quickly and efficiently. I would not hesitate to use and recommend Gavin Lai to anyone who requires his services. Thanks again Gavin
Neil Curtis
2023-10-21
The best family law firm in Queensland
Todd
2023-10-21
I highly recommend Emerson Family Law for family law matters, in particular Gavin Lai. Gavin was fantastic at explaining my options and breaking down the information in an easily digestible way. Gavin was extremely prompt at responding to my emails and questions and was an absolute professional and pleasure to have his assistance in my matter.
Anthony
2023-10-11
It is my absolute pleasure to recommend EMERSON FAMILY LAW, Gavin went above and beyond to resolve and finalise my divorce. Gavin is very easy to work with and will keep working on any issues no matter how significant. The staff at EMFL are fantastic, and everyone, especially Gavin, always keeps you updated. There is no need to look any further, I give the biggest recommendation a person can give. Call today and take the stress out of any situation. Thank you to everyone at EMFL and especially Gavin , very appreciated 😊
Tony Huang
2023-10-05
A family law firm that’s shows extreme love and care towards clients. Professionally handled, super responsive and promptly actioned. Special thanks to Gavin Lai, you are a friend for life 👍🏻
Phyllis Tonkin
2023-07-30
My family and I arrived on Subclass 188 temporary business visas in Dec 2016, in June 2020 we passed the Qld State nomination and due to Covid endured 3 and a half years of significant uncertainty and feelings of utter hopeless. I was introduced to Aishwarya and her team by the Small Business Association of Australia. We honestly and openly admit that Emerson Family law explored every opportunity to lobby at every government level to have our case looked at. Grace, Amelia, Aishwarya and Ben treated us with the utmost respect and patience. There were many tears and many days filled with significant mental dread of an uncertain future for our children and ourselves in Australia, this despite running a successful business and employing Australian workers. As it turned out our previous migration agent made an error on our submissions which caused our file to be placed on the 'too difficult pile'. With the perseverance of Emerson Law we were granted PR on 15 June 2023.If you are looking for a migration agent or lawyer to lobby on your behalf, I highly recommend this team of professionals. You will not be disappointed or kept in the dark. They will take your phone calls, answer your emails and give you hope in your darkest days.
Dale Barr
2023-07-07
Excellent service
Margaret Perkins
2023-06-14
Accessible, fast, attention to detail, quality legal advice in complex matters. Would recommend.
B Tyson
2023-05-15
Highly Professional. Outstanding customer service. Kind, caring compassionate. Prompt responses to any questions. I would highly recommend. Made what was a very tough time in my life just that little bit easier.
Prerequisites for Divorce: Legal Considerations and Court Requirements
Before granting a divorce, the court needs to be sure of several things:
- Jurisdiction: The court must have the authority to handle your case.
- Proper Service: All legal documents must be correctly delivered to the involved parties.
- Legal Marriage: You and your spouse must be legally married.
- Irretrievable Breakdown: The marriage must be beyond repair
- Separation Period: You must have been separated for at least 12 months.
- Children’s Welfare: If you have children under 18, the court needs to know who they are and what the current and future plans are for their care.
Most Common Separation Issues
Understanding the Nuances of Separation
Separation isn’t exclusive to married couples. It also applies to couples in De Facto relationships, meaning those who live together without a formal marriage.
Generally, separation is straightforward when one partner moves out. However, there are instances where both partners continue to live together but consider themselves separated. If both parties are in agreement, this usually poses no issues.
Addressing Complex Separation Scenarios
When one person thinks they’re separated while living together, but the other doesn’t agree, it’s important to look at how the relationship has changed before and after the claimed separation date. This can affect child custody and property division.
Establishing Separation While Living Together
If you claim to be separated but still share a home, you’ll need to demonstrate that your continued cohabitation is for the benefit of any children involved rather than a continuation of the relationship. Contact our professional divorce solicitors in Brisbane if you wish to establish it.
The Importance of Timing in De Facto Relationships
If you’re in a De Facto relationship, you have two years from the date of separation to file for property division. Missing this deadline can complicate things, so it’s crucial to act quickly.
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