Divorce Can Be Lonely - But You Don’t Have to Face It Alone
More Than Just a Brisbane Divorce Lawyer
Divorce is HARD.
For most of us, it’s the worst-case scenario. The end point we hoped to never reach.
Whether you’ve found the courage to end a relationship that wasn’t working, or you’ve been blindsided by a sudden separation, it’s normal to feel sad that life hasn’t gone the way you planned – and overwhelmed about what happens next.
You need support to cope with such a life-altering event.
But getting through a divorce is more than just finding a family lawyer. Brisbane clients come to Divorce Hub because we provide comprehensive support tailored to the individual. Our divorce support team responds to your unique circumstances so that you can move through this difficult period with confidence.
Expert Divorce Lawyers - Experienced Support Team
When you’re looking for a family lawyer, Brisbane offers no shortage of choices. And while finding great legal advice is crucial for anyone facing separation and divorce, it’s so much more than a legal issue. That’s why at Divorce Hub, we are committed to doing divorce differently.
Every case is different, but wherever possible, we aim for the following:
- Divorce Without Court: Ending up in the Family Court for any stage of your divorce should be an absolute last resort. We guide you towards resolution, not never-ending legal battles.
- Helping Your Legal Fees Go Further: Not every stage of the process needs a divorce lawyer. Our team members have differing skill levels and family law experience, and we’ll match you with the best one for your situation to maximise the value of your legal fees.
- Preserving Parent Relationships: Children benefit from a meaningful relationship with both parents. Our approach aims to avoid conflict and help you reach a positive co-parenting agreement with your ex.
- Prioritising Wellbeing: Divorce can be so overwhelming. We’ll link you with services that help relieve the stress, restore balance, and promote stronger mental and physical health.
Your Dedicated Divorce Support Team
Feeling overwhelmed about the road ahead? We can help. Our team includes an award-winning family lawyer, Brisbane family law specialists, financial advisers and consultants, a certified divorce coach, and a range of allied professionals. It’s this collective expertise and experience that enables us to tailor our services to your specific situation so you can be confident you’re getting the very best support.
No matter what stage you’re at – from deciding whether to separate, to finalising the settlement – Divorce Hub offers a range of services that empower you to move beyond mere survival – and start thriving.
Secure Your Financial Future
When a relationship ends, uncertainty and fear about money is very common – particularly if you’ve been a homemaker and/or primary carer of your children.
We can help you with:
- Financial planning and advice
- Property settlement
- Child support advocacy
- Mortgage broking
Want to chat to someone about your situation?
Call 1300 SEPARATE (1300 737 272)
A Path to Meaningful Co-Parenting
The Family Court prioritises the safety and wellbeing of children first, closely followed by the right for your child to enjoy a meaningful relationship with both parents.
When making parenting arrangements, it’s important to be guided by what’s best for your child. If you and your ex can keep your children’s wellbeing at the centre of your negotiations, parenting agreements can be reached without ending up in court.
We can assist you with:
- Parenting Plans
- Consent Orders
- Family Law Mediation
Our team of Brisbane family law specialists can help you make the best decisions for your child.
Get Clarity with Divorce Coaching Support
The consequences of making important decisions when you’re overwhelmed with complex emotions can be detrimental and long-lasting. Our certified divorce coach can help you move from emotional and reactive to calm and empowered.
Our divorce coaching packages are designed to provide practical support through each stage of separation and divorce including:
- Deciding whether to separate or stay
- Creating a practical plan for separation
- Dealing with the initial shock of separation
- Ongoing support throughout the divorce process
- Planning and goalsetting for a thriving future
Embrace Your New Chapter
They say divorce is something you just have to survive – and if you’re struggling with strong emotions, even that can feel like a big ask! But we really do mean it when we say it’s possible to thrive during and after your divorce. We know because we’ve helped countless people just like you – and for some of our team, we’ve lived through our own divorce. We’re living proof that divorce is simply the end of one chapter – the rest of the story is yours to write!
So don’t hold your breath until the divorce is behind you. Time is precious and it’s possible to start living your best life now. We’ll help you do it.
Australia has a ‘no fault’ divorce system.
This means the only ground for a dissolution of marriage is the irretrievable breakdown of the marriage, evidenced by 12 months living separately and apart.
You cannot apply for a divorce until after the 12 months has passed. If you try to backdate the application and say you separated earlier, this is not only perjury, but can have negative consequences for your property settlement.
In Australia, under the Family Law Act, you cannot get divorced until you have been separated for at least 12 months.
If you have had periods of separation and then reconciled, the periods of separation must total 12 months before you can get a divorce.
If you separated then reconciled for periods, you must have been separated for a total period of 12 months (so ignoring the periods when reconciled) before you can apply for a divorce.
For example, if you separated on 1 January 2018, reconciled between 1 July 2018 and 30 December 2018, and then separated again, you can apply for divorce on 1 July 2019.
If your spouse has filed an application and you do not want it to be granted, the only grounds on which you can object to it is if you say you have not been separated for at least 12 months. The Court will then consider the evidence.
You can file an application online, or we can assist you. If there are any unusual circumstances that apply to your situation, we recommend obtaining assistance with the application. Examples of unusual circumstances include being separated under one roof, married for less than 2 years, or if the other party lives overseas.
If your spouse agrees, you can file a joint application which simplifies the process considerably.
Once the application is filed, if it was not a joint application, it must be personally served on your spouse. It cannot be posted and you cannot serve it yourself. Usually, we would engage a process server to serve the application.
After service, documents must be filed in court to prove service.
Please note the following rules of etiquette in court
– You must stand when the Judge or Registrar is speaking to you
– No hats or sunglasses on heads
– No chewing gum
– No recording
– Mobile phones switched off or on silent (not vibrating)
An interim Divorce Order remains in place for one month. This allows a grace period in case parties change their minds or wish to appeal the decision. This has not happened to us in 25 years of family law, but never say never…
After the one month, the interim order becomes a Final Divorce Order.
The Court then processes the paperwork, and it is posted out to you or your family lawyer. There can be delays in processing so if you need it urgently, make sure the Court is made aware of that at the hearing.
You are not legally divorced until the Final Divorce Order is made.
Once you file your application for divorce, which must be at least 12 months after the date you separated, it takes about three months for your divorce to be heard.
After the divorce hearing, the Divorce Order is issued one month and one day later.
It’s a good idea not to book another wedding ceremony until you have your final Divorce Order because the person officiating your marriage is required to see it.
There are some limited circumstances where the process can be hurried along.
Contact us for specific legal advice about your situation.
Once you are divorced, there are some significant legal consequences. These include
– you only have 12 months to apply for a property settlement or spousal maintenance under the Family Law Act.
– your will is affected. The way it is impacted depends on which state you live in.
– you are no longer considered a spouse for the purposes of family provision claims, family trusts, superannuation, Centrelink, etc.
When you separate, we recommend all clients review their will, enduring power of attorney, and superannuation beneficiaries as soon as possible. In the event that you pass away without updating these details and before your property settlement is finalised, your ex-spouse could receive your entire estate.
Don’t have a will yet? Now that you’re separated, it’s even more important to have one drawn up that reflects your wishes. If you have enough money to need a property settlement, you need a properly drafted will.
Yes! Provided you were legally married overseas and if you are sufficiently connected to Australia, you can obtain a divorce here.
In most cases, living in Australia permanently means you can get a divorce. However, it’s a good idea to seek legal advice about your specific circumstances. Get in touch.
Yes – you certainly can! If you were legally married under the laws of the country you were married in, Australia now legally recognises that marriage – and therefore, can also grant a divorce.
Remember you only have 12 months from the date your divorce is finalised to apply for a property settlement or spousal maintenance.
In Australia, we have a no-fault divorce system under the Family Law Act. The only grounds for divorce is the irretrievable breakdown of the marriage based on 12 months separation.
The only way you can refuse a divorce is if you have not actually been separated for 12 months. If that is the case, you need to file a response in the Family Court.