Filing for a divorce is a major decision that ultimately changes the lives of everyone in your family. If you are considering filing for divorce, it is important to seek legal advice to understand your rights and responsibilities. Family lawyers in Townsville can help resolve disputes without going to court and help former partners reach an agreement amicably, which can greatly reduce the emotional and financial stress of a divorce filing.

Reaching an agreement is an important part of the process. The granting of a divorce does not determine issues of financial support, property distribution or arrangements to the care of your children. To make these kinds of arrangements, you must either reach a contractual agreement with your spouse, file orders with a court or seek orders from a court, where you and your spouse cannot reach an agreement.

Can I Apply for Divorce?

In order to apply for a divorce in Australia, your relationship must meet certain conditions. To apply for divorce, you must prove to the court that you and your spouse have lived separately and apart for at least 12 months and that there is no reasonable likelihood that you will get back together.

It is possible to live together in the same home and be separated. This is called ‘separation under the one roof’.

You can apply for a divorce in Australia if either you or your spouse regard Australia as your home and intend to live in Australia indefinitely. You can also apply for a divorce if you are an Australian citizen by birth, a descent, or by grant of Australian citizenship, or if you ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

If there are children under the age of 18, a divorce will only be granted by the court once proper arrangements have been made for them.

Does It Matter Who Is at Fault in a Divorce?

The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that when granting a divorce, the court does not consider why the marriage ended. The only ground for divorce in Australia is that the marriage has been damaged beyond repair and that there is no reasonable likelihood that the two parties will resume married life.

In order to apply for a divorce, you and your partner must have been separated for at least 12 months and one day.

Can I Oppose a Divorce Application?

A divorce application can only be opposed for two reasons. Generally, you can only oppose a divorce when there has not been 12 months separation as alleged in the application or the court does not have jurisdiction. To oppose the divorce, you must complete and file a response to a divorce claim and appear in person on the hearing date.

If you do not attend the hearing, the court may decide the divorce application in your absence. If you are unable to appear, you may ask the court if you may appear by telephone.

For people in Townsville seeking legal advice from family lawyers can help take some of the emotional and financial burden out of filing for a divorce. Not only will we help you understand your rights and responsibilities, but we can also help you and your partner reach an agreement without going to court, which can save you time, money, and from a whole lot of arguing.

De Facto Relationships and Financial Settlement

De facto relationships are a legal relationship in the eyes of Australian law. The de facto relationship is defined by section 4AA of The Family Law Act (1975) stating you and a former partner, who may be of the same or opposite sex, had a relationship as a couple living together in a genuine relationship. Couples who wish to separate but have never married will still need the aid of a family lawyer to help settle financial matters or custody arrangements. Just like married couples who go through divorce proceedings, de facto couples While the Act provides guidelines for settling financial disputes between separating couples, no settlement is the same. There is no magic formula used to sort through property and financial matters. That is why using the experience and expertise of family lawyers in Townsville will help you to understand applicable laws. Some of the guidelines provided by the Family Law Act (1975) include:

·         Working out your assets and debts; what you have and what you owe

·         Examining indirect financial contributions by each ex-partner

·         Looking at non-financial contributions made by each person such as caring for children shared between partners and housemaking

·         Direct financial contributions such as wage and earnings shared between separating couples

·         What is required by each partner in the future to sustain financial stability once the relationship has ended.

Mediation is usually the first step for couples who cannot come to an agreement pertaining to their financial settlement. A good family lawyer in Townsville can make local recommendations and suggest next steps if a decision cannot be agreed upon by you and your ex.