Divorce Lawyers Noosa, Sunshine Coast

“Divorce” is often misunderstood as an all-encompassing process that deals with all aspects of a marriage breakdown, including parenting issues concerning children of the marriage and financial issues such as a property settlement.  However, getting divorced merely means formally ending the marriage – nothing more.

Divorce is a relatively straightforward process for most, particularly when both spouses are aware of the other’s whereabouts.  In Australia, we have a no fault divorce system, so neither spouse is required to prove that the other spouse is to blame for the marriage breakdown.  An application to the court can be made jointly (if both parties are willing) or separately, in which case the application must be served on the other spouse so they are aware of the proceedings and can participate if they wish to.

For the court to grant a divorce, it must be satisfied that:

  • the parties are legally married to each other;
  • the marriage has broken down irretrievably (i.e. there is no prospect of the parties reconciling and continuing their marriage);
  • the parties have been separated for at least 12 months (which includes physical separation, but can also include separation under the one roof);
  • where there are children  who are under 18 years of age, proper arrangements have been made for their future care (this does not necessarily mean that the parties have reached a final agreement about parenting arrangements).

If you and your spouse need to divide your assets, i.e. attend to a matrimonial property settlement, you do not have to wait until you are divorced before you do this.  Indeed, most separated couples will at least start negotiations about the division of their assets well before they are eligible to apply for a divorce.  On the other hand, you do not have to finalise your property settlement before filing for a divorce.  However, what is important to know is that there is a 12 month time limitation to start court proceedings seeking a financial settlement from when a divorce order takes effect.

Divorce Law Noosa

We can assist you to obtain a divorce.  Call us now to make an appointment with Lindsay Woods, or submit your enquiry online here.

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