Divorce process is going to be important for you to consider following separation.
You should not feel under pressure in that you cannot anyway apply for divorce generally or initiate the divorce process until you have been separated for 12 months.
Our Brisbane divorce lawyers and divorce lawyers North Brisbane have the experience to arrange all that is required in order for your divorce process to be completed as well as assisting you to reach a final agreement with your former partner concerning child custody arrangements and in finalising a family law property settlement with your former partner.
Reach agreement concerning your children and make a final family law property settlement as soon as possible
You should understand though that you can reach agreement concerning your children and make a final property settlement before you obtain your divorce. There is good reason to deal with those items as soon as possible following separation. It is obviously important for your children that they have certainty through effective child custody arrangements. It will also assist you to get on with your life and plan for your financial future, the sooner you can make a final family law property settlement. You may like also to read our blog “Financial Recovery After Separation”.
Obtaining a divorce
Some people will prefer to prepare their own application for divorce and we set out below links to certain kits that can assist you with completing the divorce process for yourself. Otherwise, our Brisbane divorce lawyers and divorce lawyers North Brisbane are ready to assist you by completing and filing the necessary documents if you prefer.
In some cases, people can be legally separated whilst they are living under the same roof. You should obtain family law advice as to when the law will treat you and your former partner as having separated. You can then work out when it is that you can start the divorce process.
What does the divorce process involve? Generally, you can make a sole application for divorce once you have been separated for twelve months. If your former partner will agree it, then it is easier for you to make a joint application for divorce. If you do that, then you will not need to service the Application on your former partner. If you have to make a sole application, then you must arrange for service of the Application upon your former partner.
The divorce process and service requirements are well explained in the application for divorce kit and divorce service kit that you can download from the Federal Circuit Court of Australia website.
It’s not all about the divorce!
It is important to remember that the divorce process is only one element of finalising your relationship with your former partner.
In fact, our Brisbane divorce lawyers and divorce lawyers North Brisbane often recommend to our clients that they give some thought as to when they go through the divorce process and obtain a divorce. A divorce does not of itself affect rights to property. However, unless you finalise your property settlement or any spousal maintenance claim within twelve (12) months of your divorce becoming final, you will need to file an application to the family courts seeking final property order before that twelve (12) month period expires if you want to keep alive your right to obtain the assistance of the court. If that time goes by without final property orders having been issued or a binding financial agreement having been signed by both parties and you have not started the legal action within that time, then after that period has expired, you must obtain leave of the court to bring your claim for final property orders to court. The same applies for claims for spousal maintenance.
This is a good reason to consider deferring the divorce process and obtaining a divorce until you have finally settled property division by obtaining a court order or entering into a binding financial agreement.
Contact our Brisbane divorce lawyers and divorce lawyers North Brisbane for family law advice not only regards the divorce process but as importantly, regards obtaining an agreement for child custody arrangements and a final legally binding family law property settlement.
Our Brisbane divorce lawyers and divorce lawyers North Brisbane will endeavour to procure an amicable agreement for you with your former partner without resorting to court action. If court action becomes necessary, we have the experience to represent you effectively in court.
We provide complimentary advice during your initial call to us and fixed fee initial consultations.