Divorce

Separation or divorce is often a difficult process. Sometimes it can be gradual, and other times, sudden.

Depending on the dependency you had with your ex-partner, you may find yourself in a very vulnerable position, financially and emotionally when it comes to separation and divorce.

You may be asking yourself one or a few of these questions:

1. Who stays in the house?
2. Can they move out?
3. Who will pay the rent, mortgage, debts, and/or bills?
4. Who keeps the pets?
5. Who do the kids live with?
6. How often can the other parent spend time with them?
7. Do I have any rights?

These questions can ignite overwhelming feelings of panic. If you need advice, please feel free to call us on 5571 1450 or submit an anonymous question on our Contact Us page.

We are here to help.

Can I get a Divorce?

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

What does it cost?

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

I don’t want to get a divorce, my ex does

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

1. it has been less than 12 months since separation; or
2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

Do I have to attend the divorce hearing?

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

✓ YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

What if I can’t attend the hearing?

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

When can I get married again?

A divorce order takes effect one month and one day after the divorce is granted.

What is meant by separation under the one roof?

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

My marriage lasted less than 2 years

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.