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Divorce Lawyers


In short, divorce is the dissolution of a marriage under the Family Law Act. Australia has adopted the no-fault divorce system. The only requirement for a divorce is an irretrievable breakdown of the marriage. This is reinforced by the condition that the husband and wife have been separated for at least twelve months, with no likelihood of getting back together.

A family lawyer divorce professional can help you to apply for a divorce. It is required that you or your former spouse must have been separated for twelve months and fit one of the following criteria:

  • Being an Australian citizen;
  • Living in Australia; and
  • You regard Australia as your permanent home.

If you and your spouse have been married less than two years, then it is required that you both first attend a mediation session and obtain a certificate from your counsellor. After this step has been completed, then the standard divorce procedures will apply, inclusive of the twelve month separation period.

What is separation?

Some people think that you need to sign a document or register the separation. That is not the case. You are separated if all of the following apply to you and your spouse:

  • One or both of you have decided that the marriage is over;
  • The decision that the marriage is over has been communicated;
  • One or both of you must then act on that decision either by living apart or, if you remain in the same home, by acting in such a way that it is clear that the relationship is over.

Marriage after divorce, QLD

Once you have received your divorce certificate, your new marital status will not be considered final for another month. You cannot remarry until your divorce is final and has taken effect. As mentioned, in most cases, a divorce order will become final one month and one day after it is made. However, you do not know exactly when your divorce application will be heard or whether the divorce order will be made at the first hearing or at a further hearing.

Further hearings may be required for several reasons, for example, when you have made the application on your own and have been unable to serve the other party successfully or in the instance where the other party opposes the order. Further, there may be a delay with the order taking effect if the other party were to appeal it. It is recommended that you don’t remarry immediately, as this is considered bigamy.

Joint Application for divorce vs Sole Applications

A divorce can be made by one party (sole application) or both parties (joint application). Essentially, a default divorce refers to a type of divorce that is formally granted by a judge without the active participation of one of the spouses.


Frequently Asked Questions Most Commonly Asked Of A Divorce and Family Lawyer

Do I have to go to court for a divorce application?

You will need to go to court if the divorce application is a sole application and you have children under 18. If you have children under 18 and it is a joint application, there is no need for you or your spouse to attend Court.

How can I find out if my divorce is final? 

If you can’t stop wondering “how do I find out if I’m divorced?”, it’s probably because you want that final closure that your former partner is legally and effectively now your ex partner. 

The formal conclusion of a divorce transpires one month and one day after the divorce is granted, barring any particular situations that would necessitate a court order to expedite the finalisation date. Following the completion of your divorce proceedings, a digital divorce order can be obtained for download and print via the Commonwealth Courts Portal. And you can officially and legally say “I am divorced”.

How quick can I get a divorce?

The divorce will generally be granted around two months from the filing date, in which you will receive a notification via mail. Joint applications are seen as more preferable, particularly in terms of ease. You still have to wait the year from the separation date before filing your application. There is no way to shorten that period.

In Queensland, if your marriage has reached the point of no return, there’s a possibility to expedite the divorce process. Rather than enduring the standard divorce proceedings which can take a year or longer, there is an alternative solution available that could see you starting your new chapter in life in just three to four months. This avenue considerably shortens the time typically required for such formalities, providing you with the ability to move forward more swiftly.

How quick can you divorce?

Upon the completion of your concluding proceedings a fast divorce is considered to be within a timeframe of three to four months, both parties will receive individual copies of the final divorce decree. Opting for an expeditious divorce can oftentimes be the most favourable route when it is mutually acknowledged that the matrimonial union has effectively concluded and persists merely as a nominal entity.

How quickly can a divorce go through?

After a divorce order has been issued, there will be one month and one day until the marriage divorce is finalised.

How to file a mutual divorce agreement?

Opting for a no contest divorce or mutual divorce can save you the stress of going through lengthy court proceedings. This uncontested divorce process is a feasible option when both parties have a mutual understanding on all major matters pertaining to the divorce. It represents a situation where both you and your spouse are in consensus about all divorce terms, thus averting the need for comprehensive court involvement. Both parties will file a joint application together.

How to get a divorce before 1 year? 

At times 1 year seems too long, especially when you’re thinking to yourself “I think I want a divorce, now”. However, even in a case where the grounds for divorce are domestic violence, there needs to be 12 months of separation before a divorce can be finalised.  A divorce and family lawyer cannot speed up the process of separation.

I need a divorce, what do I do?

Visit our divorce law offices in Brisbane, and contact a divorce solicitor in Brisbane based who will start the process with the support of our experienced divorce lawyers team.  We have female lawyers for divorce where specific divorce advice for women is requested. 

How do I find out if my divorce is final?

Exactly how do you find out if your divorce is final? Easy – when the divorce order is finalised, the actual divorce date is one month and one day after.

What marriage and divorce services do you provide?

We are divorce settlement lawyers who are able to extend services into all family law matters

Can I get a divorce after 35 years of marriage?

If you were to decide “I want to divorce my husband”, time is not paramount. A divorce after 30 years of marriage is a personal decision.  Reasons for it are often due to infidelity, empty nest syndrome, growing apart with different interests or retirement styles.

How to get a legal divorce?

Reach out to our solicitors Brisbane for divorce assistance today, and ensure every box is ticked to legalise your divorce. Our family law team have the legal divorce advice to help.

How to get a simple divorce? 

While a simple divorce might sound like a juxtaposition, it really is possible. When you seek legal advice regarding divorce and choose to set aside your own emotions, completing your divorce paperwork can be simple with reasonable divorce lawyers on your side.

Where to find family law divorce support

Coping with divorce, especially in cases of infidelity and divorce, when divorcing an alcoholic, or even a midlife crisis divorce, can be difficult or overwhelming.  While Cudmore Legal can provide legal advice for divorce as your family lawyer for divorce, you may need to seek personal divorce advice from a counsellor, psychologist or other professional as well.

Is a lump sum divorce settlement taxable?

In the majority of cases, a divorce settlement is not subject to capital gains tax and/or is not considered as taxable income.

How to get an amicable divorce?

An “amicable divorce”, otherwise known as a “friendly divorce” or “collaborative divorce”, is a method designed to lessen animosity and promote a spirit of partnership between spouses throughout the separation process. It is still recommended to use an experienced solicitor for divorce.

How to get divorce application form?

Our divorce lawyers are willing and able to help with every aspect of divorce. Get in touch with a divorce solicitor in Brisbane today. Alternatively, forms can be accessed online.

How to get divorce forms online?

You can use the Commonwealth Courts Portal to access divorce forms online. Alternatively, an experienced Cudmore Legal family lawyer for divorce matters can assist you.

How to get help with a divorce?

Contact a family law professional, such as Cudmore Legal: a Brisbane family law firm with experienced family lawyers and solicitors in divorce.

How to get legal advice on divorce?

To get the best legal advice on divorce in Australia, contact your local divorce lawyers Brisbane at Cudmore Legal. 

How to get a mutual divorce?

The most expedient and efficient method to obtain a divorce is through the submission of a joint application. This approach saves you from the hassles of navigating the official and legal processes associated with serving divorce papers. By having the signatures of both parties on the joint application, it signifies mutual agreement and collaborative application for the divorce.

How to have an easy divorce?

An easy divorce is an amicable one, or a mutual divorce where both parties consent to the divorce and agree to sign a joint application for divorce. The process from single, married, divorced to single again is easiest in an uncontested application.

Do you have to be legally separated to get divorced?

In Australia, you do not have to be legally separated to apply for a divorce. However, you must meet the requirement of being separated for at least 12 months before filing for divorce. This separation period demonstrates that the marriage has irretrievably broken down.

How to get my divorce papers?

If the conclusion of your divorce occurred prior to the 13th of February, 2010, you are required to fill out the “Request Proof of Divorce” form available online through the website of the Federal Circuit Court of Australia in order to get your divorce papers. Please note that this process includes a fee.

How to get divorce papers online:

You are eligible to secure an official document evidencing your divorce free of charge from the Commonwealth Courts Portal, on the condition that you were one of the parties involved in the proceedings and your divorce was finalised subsequent to February 13, 2010. This document constitutes a digital decree, complete with an electronic seal and signature. It is noteworthy that this remains the sole proof of divorce furnished by the courts.

How can you find out if your divorce is final? 

You will be notified that your divorce is finalised via the Commonwealth Courts portal. This will be one month and one day after the divorce order has been finalised in court.

What are grounds for annulment?

In Australia, a marriage annulment is a legal procedure that declares a marriage null and void as if it never existed. The grounds for annulment are quite specific and limited under the Family Law Act. Here are the primary grounds for annulment:

  1. Bigamy: One or both parties were already married to someone else at the time of the marriage.
  2. Prohibited Relationships: The parties are in a relationship that is legally prohibited, such as being too closely related.
  3. Lack of Consent: One or both parties did not give genuine consent due to factors such as duress, fraud, or mental incapacity.
  4. Non-Consummation: The marriage has not been consummated.
  5. Invalid Ceremony: The marriage ceremony was not legally valid, meaning it did not comply with legal formalities.
  6. Underage Marriage: One or both parties were not of legal age to marry and did not have a necessary court approval.

It’s important to note that certain grounds like regret or family violence are not typically accepted for annulment but might be relevant in other legal contexts.  Contact a divorce and annulment-experienced Brisbane family lawyer to obtain your independent legal advice. 

How to get a quick divorce?

So you want to know how to get a fast divorce? An easy divorce is often a mutual consent divorce. A mutual divorce is one where both parties agree to deciding to divorce.

What is a divorce after 50 called?

A grey divorce is a term applied to a divorce after 20 years of marriage or de facto relationship. A grey divorce, divorce lawyer will focus on property settlements and perhaps suggest collaborative divorce where the legal aspects of a divorce are finalised outside of court. 

Do you need a lawyer to file for divorce? 

It’s common for people to wonder “do I need a lawyer to file for divorce?” and while the answer isn’t exactly yes, you must, when considering divorce or contemplating divorce, good divorce lawyers can steer and guide you through the best divorce legal advice on both divorce and property settlement, providing a smoother journey through the divorce process.

What other factors do I need to consider when getting divorced?

There are multiple factors that might need to be considered, such as:

Binding Financial Agreements

Property Settlement

Child Custody

Estate Planning or Revisiting your Will

See our full range of Family Law Services.

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