23rd January 2020
Love, marriage, and divorce are on the minds of Queensland residents. When you fall in love and say, "I do," many wonder if this union will last, or will it go the route of one in every three marriages in Queensland.
Even though marriages still fall apart, the divorce rate in Australia is trending down, reaching a significant low at 1.9 per cent in 2016.
Knowing your neighbourhood family law lawyer is always a good thing. You never know when you will need someone to defend your rights in the case of the unforeseen.
A good family law attorney who knows their family law can help you in love, marriage, and divorce.
Here's a look at the state of divorce and marriage in Queensland and Australia at large for 2018:
Marriages often end long before a couple seeks a divorce. Usually, couples prefer a speedy divorce proceeding, to finish what they knew was already coming.
In Queensland, you cannot just decide to be married one day and to divorce the next. You and your partner must separate for a minimum of twelve months before you can apply for a divorce. The twelve-month separation period proves the irretrievable breakdown of the marriage and thus justifies the divorce.
From start to end, divorce may take a while. On average, the legal proceedings for divorce take approximately four months.
You know the divorce is finalised when you finally receive a Divorce Order or a Divorce Certificate. If you don't have custody battles or
property battles that will drag out proceedings, you can button things up in a few months.
Divorce, in short, means the marriage has ended. It's the legal finish to something that probably ended emotionally and even physically months or years before the final papers were signed.
Legally, divorce implies the end. It means the irretrievable breakdown of a marriage. Husbands and wives must prove this breakdown by separating for a minimum of twelve months and demonstrate no likelihood of reuniting.
When you apply for a divorce, both parties do not have to agree. One partner can apply for the divorce. Additionally, the law does not have to recognize or determine who is at fault for the failure of the marriage.
Once you have a finalised divorce, you can move on and remarry.
Because of the legal implications involved in a divorce, you should seek legal counsel. Do not attempt to simply draw up or sign divorce
papers without first talking to your lawyer. Even if you get along with your spouse, you can lose valuable property and assets in the
Whether men or women seek a Queensland divorce, there are often children involved. Approximately 47.1 per cent of divorces involved children
under the age of 18.
Family Law courts help determine where a child or children should live. Sometimes the court allows a child to decide, and other times, the court dictates directly if the child will live with their mother or father.
There's more than just custody at stake, though. The court can prevent a parent from having any contact with a child, depending on the parent-child relationship. A court can allocate parental responsibilities and determine the general care of the child.
Parents often seek legal advice from a family law lawyer. Parents will seek advice when they feel like another parent has violated a court
order or is not acting in the child's best interest. Family law lawyers will also often provide clients with advice on what to do when an
opposing parent accuses them of violating an order.
Divorce would certainly be simpler if no one shared property. Unfortunately, though, that's often not the case. Now that people are staying married longer, there is an even greater chance they will lose property in the settlement.
To apply for a property settlement under the Family Law Act, you need to fill out the right paperwork no more than a year after finalising your divorce.
Divorce affects your present, but it also affects your future. Many people want to just move on emotionally after a divorce. You need to settle things physically before you can do this, though.
Think ahead and consider how divorce affects your fiscal years to come.
Always hire a lawyer to help you handle your paperwork during a divorce. A good divorce lawyer has the experience to make sure you do not miss any important details as you prepare to move on.
For example, do you and your ex-partner have a will? What effect will the divorce have on that?
Make sure you update your will to prevent your ex-partner from inheriting your property. Even if you do not have a will, if you die before the divorce finalising the divorce, your partner could inherit your property.
A divorce attorney will make sure you have your will in order as you're in the midst of divorce proceedings.
Applying for a divorce is not a complicated process. If you and your partner are Australian citizens or long-term residents, you can apply for a divorce at the family law courts.
If you happened to marry overseas or if you do not know the location of your partner, you can still apply for a divorce. As long as you live in Australia, you may apply for a divorce in Australia.
Courts typically have the information you need along with a divorce kit. This kit has the necessary forms. Be aware, however, divorce filing will cost money as you have to pay a fee to apply for a divorce.
Divorce lawyers understand all of the requirements for obtaining a divorce, and know how to successfully obtain a divorce. Ultimately,
seeking out a qualified family law lawyer or divorce lawyer will save you money and stress.
Love, marriage, and divorce happen. It's a reality in our world. You can protect yourself in all situations with the right legal help.
For all of your family law needs, contact us.
Please note the content of this post is information only and not legal advice. If you require legal advice it is best to contact one of our lawyers who can review your particular circumstances and then provide tailored advice according to your needs.
If you and your spouse have made the decision to officially end your marriage, understand the divorce process in Australia. Read More…