Whilst nobody gets married thinking that one day, they will divorce their spouse, the reality is that separation and divorce is commonplace. If your marriage has broken down, it is important to get the right legal advice early to ensure a smooth process and the best possible outcome for all parties. Having an experienced family lawyer in your corner can help ease the stress which comes with the breakdown of a relationship.
There are many aspects to deal with, such as legal and financial paperwork, alongside parenting arrangements and child support. You don’t need to understand the intricacies of the family law system and defend your rights on your own – our Cairns divorce lawyers can help. We will talk you through family law and the process, costs, time limits, and the practical and legal decisions you will have to make.
Many people who don’t use legal representation often settle for less because they are unaware of their entitlements. With the support of a family law expert, you can take the right steps with confidence to look after yourself, your children, your property, and your finances, often without having to appear in Court.
If you believe that your relationship has broken down, or will break down in the near future, one of our family divorce lawyers will help you identify your best options so you can make good decisions moving forwards.
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The most successful outcomes are usually achieved when both parties work through the divorce in an amicable manner however, even if things are friendly, you should seek independent legal advice to ensure your rights are properly protected.
You will be guided by Cairns’ largest family law team who are supported by experienced paralegals and, if necessary, can call on another of our 17 lawyers to help ensure we achieve the best possible outcome for you.
If you are worried about legal fees, our divorce lawyers can handle the divorce application process for you on a fixed fee basis. This makes things that little bit easier and reduces some of the stress. To find out more, get a quote today.
We understand that choosing a family lawyer to work with on such a sensitive matter can be hard and we want to help make that a little easier, which is why we offer a free 30-minute initial consultation.
This confidential meeting with us will be your first step in starting to make the legal decisions that can protect you, your family, and your assets. Whether you proceed or not, you don't have to pay for this initial meeting.
You must be separated for 12 months before you can apply for a divorce in Australia. Proper arrangements for children and their welfare should also be made before court proceedings commence to grant a divorce.
You can still be separated and live in the same household. This is quite common when parents separate but still want to care for their children whilst parenting arrangements are being finalised. You will need evidence that the separation is a genuine one.
The person applying for a divorce usually pays the filing fee, however your former spouse may agree to share the costs.
Typically, a divorce can take three to four months to go through the court proceedings.
A decision by the judicial officer is based on the unique aspects of each case and therefore, each Property Settlement will be different. The court will consider each applicant’s income, assets and available resources, alongside their future earning capacity. The significance and weight given to each of these aspects depends on your unique circumstances. Working with a family law firm, we will help you navigate through this process and give you the best chance of a successful outcome.
It is common for couples applying for a divorce to avoid going to Family Court. This is done by utilising Family Mediation, which our family lawyers can guide you through to help you avoid any disputes.
A divorce will not deal with the division of property, or children matters such as child custody and support. Applications for property settlement and children matters will need to be made within 12 months of your divorce.
There does not need to be a reason or a person at fault for the separation for a divorce to be granted.
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