Our Legal Services in Logan, QLD

Getting a divorce

Australia has a no-fault divorce system. Generally, a divorce order will be granted if you can show that you and your ex-partner have been living separately for twelve months and there is no likelihood that you will get back together. Despite the requirement to be ‘living separately’, it is recognised that for various reasons, separated couples may continue to reside at the same premises. You should discuss any such arrangements with your lawyer when preparing the application for divorce.

If you and your ex-partner have children under the age of 18 years, the court will need to be satisfied those proper arrangements are in place for their care.

Tips for when you separate

• Keep the best interests of your children in mind and try to put differences aside. If possible, children should benefit from a meaningful relationship with both parents.
• Prepare a list of assets and liabilities – property, shares, investments, bank accounts, superannuation, mortgages, and loans.
• Obtain originals or copies of important documents such as passports, marriage certificates, birth certificates and insurance policies.
• Keep written records of timelines and events, for example, the date of separation, etc.
• Ensure that property (your home, other real estate, motor vehicles, boats, etc.) remains insured.
• Update passwords and login details for email and online accounts, social media platforms, etc.
• Contact your bank to discuss any concerns regarding loan repayments, credit cards and joint accounts or any other aspect of your everyday banking.
• Get legal advice to protect your interests. Even couples who separate on good terms should get independent legal advice to ensure their rights are protected and a reasonable outcome can be obtained. Informal agreements are generally not binding and cannot be enforced.

If you need assistance, contact one of our lawyers at [email protected] or call (07) 3372 2232 for a no-obligation discussion and for expert legal advice.