Navigating a divorce can be emotionally and legally complex. At Daykin Family Law, our divorce lawyers in Brisbane are here to guide you through every step of the process with clarity and compassion. Our dedicated team is committed to providing personalised, expert advice to achieve the best possible outcome for your unique situation. For comprehensive support during this time, trust Daykin Family Law, your dependable divorce lawyers in Brisbane.
We are established separation and divorce lawyers in Brisbane. With a wealth of experience, we can help you through this difficult time.
Separation can be defined as the bringing to an end of a marriage or relationship (de facto), with divorce being the legal dissolution of a marriage.
Whether you are separating from your de facto partner or your married spouse there are many decisions to make, from the division of finances and property settlement to arrangements for child support, and our divorce lawyers in Brisbane are here to help you every step of the way.
This can be a particularly stressful time and as such, it is crucial that you have the right support, whether you are divorcing through the court, divorcing without going to court or using mediation services through your separation.
There is no need to register a separation in Australian Family Law, however, it must be proven in some cases if disputed by the other party at a later date. Sometimes divorces and cases for property settlement in de facto relationships can turn based on proving the separation date.
In the case of divorce, it is important to consult with a solicitor as there are crucial time limits that you need to be aware of. An assessment should be carried out of what this means for you if a divorce order is made and no steps are taken for a property settlement or to obtain spousal maintenance. So if you need help with you separation or divorce, contact our divorce lawyers in Brisbane today.
As divorce and separation lawyers in Brisbane, Daykin Family Law are able to help you finalise your divorce (the legal severance of your marriage) once the relationship between you and your spouse has irretrievably broken down, there is no likelihood of you resuming your relationship, and you have been separated for more than 12 months. You have grounds for divorce if you have been separated for at least twelve months and can satisfy the court that this is the case.
Other aspects of separation, such as parenting arrangements and property settlement, can be finalised at any time.
Our separations lawyers in Brisbane also offer a range of services to support the process of divorce and separation, for example, child support, child custody, property settlements and family mediation services, and we can help you settle out of court.
To obtain a divorce in Queensland, you must submit a divorce application alone (sole application) or with your spouse (joint application). If you file a sole application, you must also serve it to your spouse. Court attendance is only necessary if you have requested it in the application or if you filed a sole application and have a minor child from the marriage.
Additionally, if you are submitting additional affidavit material, it is recommended that you attend court and bring a copy of your application and other relevant documents.
To change your name, if you were married in Australia and wish to revert to your maiden name, update your personal accounts with relevant organisations. If you were married outside of Australia, register your new name with the Registry of Births, Deaths, and Marriages. What to find out more? Read our blog on how to get a divorce.
The time it takes to get a divorce in Australia varies depending on the circumstances of the case. Generally, it takes around 4-6 months from the date of filing the application to the finalisation of the divorce.
However, if there are disputes over property or children, or if the divorce is contested by one of the parties, the process may take longer. Additionally, if there are delays in serving the divorce application to the other party or delays in obtaining necessary documents, the process may also be extended.
Yes, it is possible to get a divorce without a lawyer in Australia. Many people choose to represent themselves in the divorce process.
However, it’s worth noting that while you can file the divorce papers and represent yourself, it’s always a good idea to seek legal advice, especially if you have children or property involved.
It’s important to understand your rights and obligations in the process and ensure that you have a fair outcome.
Please fill out this form and one of our team will be in touch with you as soon as possible.