How to File for Divorce: The Step-by-Step Process

Before we delve into the step-by-step process of How to File for Divorce in Brisbane, allow us to introduce ourselves. Aylward Game Solicitors is a respected law firm based in Brisbane, Australia, specialising in family law. With over 70% of marriages in Australia ending in divorce, our dedicated professionals have extensive experience in helping individuals navigate the complexities of divorce and family law matters.

Importance of Understanding the Divorce Process

Filing for divorce is a significant life event, and understanding its impact is vital. In 2020, there were 49,032 divorces granted in Australia. It's important to understand the divorce process because it empowers you to make informed decisions, ensuring that your rights and interests are protected.

The purpose of this blog post is to demystify the divorce process in Brisbane, Australia, and provide a step-by-step guide that you can refer to when considering or going through a divorce. We'll cover essential topics such as residency requirements, the divorce application process, serving divorce papers, the waiting period, court appearances, and more. By the end of this guide, you'll have a clear understanding of what to expect and how to proceed.

Understanding Divorce in Brisbane, Australia

Overview of Divorce Laws in Brisbane

To get started, it's crucial to understand the legal framework surrounding divorce in Brisbane. In 2020, over 41,000 divorces were initiated in Australia, highlighting the importance of this legal process. In Australia, divorce is governed by the Family Law Act 1975. This act outlines the legal requirements and procedures for divorce. Familiarising yourself with these laws is essential to ensure that you meet all the necessary criteria when filing for divorce.

Residency Requirements

One of the key requirements for filing for divorce in Australia is meeting the residency requirements. In 2019, over 63% of applicants for divorce in Australia were women. To be eligible for divorce, either you or your spouse must be an Australian citizen, be domiciled in Australia, or be a resident of Australia. These residency requirements are essential to establish the jurisdiction of the Australian courts.

No-Fault Divorce System

Australia operates on a no-fault divorce system. This means that you don't need to prove any wrongdoing or fault to obtain a divorce. All that's required is a recognition that the marriage has broken down irretrievably, and there's no reasonable likelihood of reconciliation. In 2019, the median duration of marriages before divorce was 12.0 years for men and 12.4 years for women. This no-fault approach makes the process more straightforward and less adversarial.

Step 1: Consideration and Preparation

A. The Importance of Consideration

The decision to divorce should not be taken lightly. It's crucial to consider all aspects, including the emotional, legal, and financial consequences. In 2020, financial stress was cited as a significant factor in divorce cases. Divorce is a life-changing event, and taking the time to reflect on your decision is essential.

B. Legal Advice from Aylward Game Solicitors

Consulting with a family law solicitor is one of the first steps you should take when contemplating divorce. Aylward Game Solicitors can provide you with expert legal advice tailored to your specific situation. In a survey of divorcing couples, 59% reported that they wished they had hired an attorney sooner in the process. We can help you understand the legal implications, rights, and responsibilities involved in the divorce process.

C. Tips for Emotional Preparation

Divorce can be emotionally taxing. In Australia, 58% of divorces in 2020 involved children. It's essential to prepare yourself emotionally for the process ahead. Seek emotional support from friends, family, or a therapist if necessary. Understanding your emotions and having a support system in place can help you navigate the emotional challenges.

Step 2: Filing a Divorce Application

A. Necessary Documents and Forms

When you're ready to proceed with the divorce, you'll need to complete the necessary paperwork. The primary document required is the Divorce Application form, which can be obtained from the Family Court of Australia's website. In 2019, 89% of divorce applications were made jointly by both spouses. This form asks for essential information about you, your spouse, and your marriage.

B. The Court's Filing Process and Fees

Once you've filled out the application, you'll need to file it with the Family Court of Australia. There are filing fees associated with this process, which may vary depending on your circumstances. Aylward Game Solicitors can help you understand the fees and ensure that your application is correctly submitted to the court.

C. Completing the Divorce Application

Filling out the divorce application can be a complex task, especially if you're not familiar with legal documents. Your solicitor can assist you in completing the form accurately, ensuring that all the necessary details are included. This is a crucial step to prevent any unnecessary delays in the process.

Step 3: Serving the Divorce Application

A. Process of Serving Divorce Papers to Your Spouse

After filing the divorce application, you must serve the papers to your spouse. This is to inform them that you've initiated the divorce process. There are strict rules and procedures for serving divorce papers, and these must be followed to ensure that your spouse is properly notified.

B. Alternative Methods if Your Spouse Is Not Cooperative

In some cases, your spouse may not cooperate or may be challenging to locate. If this is the situation, your solicitor can guide you on alternative methods of service, such as substituted service, dispensation of service, or service by publication.

C. Importance of Following Legal Procedures

It's essential to adhere to the legal procedures when serving divorce papers. Failing to do so can lead to complications and delays in the divorce process. In 2020, 13% of divorce applications were rejected due to incorrect service procedures. Your solicitor will ensure that all legal requirements are met.

Step 4: Waiting Period and Response

A. Mandatory Waiting Period in Australia

After serving the divorce papers, there is a mandatory waiting period in Australia. This waiting period is typically 12 months, during which the court expects you and your spouse to consider reconciliation. In 2020, the median time from divorce application to grant was 5.3 months.

B. Possibility of Your Spouse Contesting the Divorce

During this waiting period, your spouse may contest the divorce by filing a Response to Divorce. If your spouse does contest the divorce, it's crucial to seek legal advice from Aylward Game Solicitors on how to proceed. In 2020, only 6% of divorce applications had a response filed, showing that most divorces are uncontested.

C. Court's Response to the Divorce Application

If your spouse does not contest the divorce, and the waiting period has passed, the court will review your application and, if satisfied, grant the divorce. Your solicitor can keep you informed about the progress of your case and the court's response.

Step 5: Attending Court (if Required)

A. When a Court Appearance May Be Necessary

In most cases, divorces are granted without the need for a court appearance. However, there are situations where attending court may be necessary. This can happen if your spouse contests the divorce, there are child custody or property settlement disputes, or other complex legal matters that need to be addressed.

B. The Process and What to Expect in Court

If a court appearance is required, your solicitor will guide you through the process and prepare you for what to expect. You'll have the opportunity to present your case, and the court will make decisions based on the evidence and arguments presented.

C. Working with Your Solicitor from Aylward Game Solicitors

Your solicitor from Aylward Game Solicitors will be your advocate in court, representing your interests and providing legal counsel throughout the proceedings. They will work to ensure the best possible outcome for your case.

Step 6: Receiving the Divorce Order

A. What the Divorce Order Means

Once the court is satisfied, it will grant a divorce order. This order is a legal document that signifies the end of your marriage. It is important to understand the implications of the divorce order on your legal rights, obligations, and future decisions.

B. Legal Implications of the Divorce

The divorce order has legal implications, including the ability to remarry. It also signifies the end of certain financial ties between you and your former spouse. Your solicitor can provide guidance on the legal implications of the divorce order in your specific case.

C. Updating Personal Information

After receiving the divorce order, it's important to update your personal information, including your name and personal records. Your solicitor can provide guidance on how to navigate these changes.

After the Divorce

Post-Divorce Considerations

After the divorce is finalised, there may be additional legal matters to address, such as property settlement and child custody arrangements. Your solicitor can continue to assist you with these post-divorce considerations, ensuring that your rights and interests are protected.

Services Offered by Aylward Game Solicitors

Aylward Game Solicitors offers a wide range of services related to family law. Our expertise extends beyond divorce to include child custody disputes, property settlements, and other family law matters. We are here to provide you with ongoing support and legal representation, even after your divorce is finalized.

In summary, the divorce process in Brisbane, Australia involves several critical steps, from considering your decision to obtaining a divorce order. It's essential to follow legal procedures, seek legal advice from Aylward Game Solicitors, and be prepared for the emotional journey.

Throughout the divorce process, legal advice and representation play a crucial role in ensuring your rights are protected and the process proceeds as smoothly as possible. Aylward Game Solicitors is here to support you at every stage.

If you are considering or going through a divorce in Brisbane, we invite you to reach out to Aylward Game Solicitors for a consultation. Our experienced team of family law solicitors is ready to assist you and provide the guidance you need to navigate this challenging process.

FAQ

1. What are the residency requirements for filing for divorce in Brisbane?

• To file for divorce in Australia, either you or your spouse must be an Australian citizen, be domiciled in Australia, or be a resident of Australia. It's important to meet these residency requirements to establish the jurisdiction of the Australian courts.

2. How long does the divorce process take in Brisbane?

• The divorce process in Brisbane typically takes a minimum of 12 months from the date of separation. This waiting period is mandatory, during which the court expects the parties to consider reconciliation. The actual duration may vary depending on the specific circumstances of the case.

3. Do I need to attend court for my divorce in Brisbane?

• In most cases, divorces are granted without the need for a court appearance. However, if your spouse contests the divorce, there are child custody or property settlement disputes, or other complex legal matters to address, a court appearance may be necessary. Your family law solicitor will guide you on whether a court appearance is required in your situation.

4. What are the legal implications of the divorce order in Brisbane?

• The divorce order signifies the end of your marriage, allowing you to remarry. It also terminates certain financial ties between you and your former spouse. Understanding the legal implications is crucial, as it can impact future decisions related to property, finances, and more.

5. How can Aylward Game Solicitors assist with post-divorce matters in Brisbane?

• Aylward Game Solicitors offers a wide range of services related to family law, including post-divorce matters. Our expertise extends to child custody disputes, property settlements, and other family law issues. We provide ongoing support and legal representation to ensure your rights and interests are protected even after your divorce is finalized.

Article Source: How to File for Divorce

Divorce Rates in Australia

 

QUESTION: Which Australian State or Territory has the highest number percentage of recorded divorce rates against marriages?

ANSWER:
Queensland had the highest crude divorce rate of 2.5 divorces per 1,000 estimated resident population, while the Northern Territory had the lowest of divorce rates in Australia at 1.7 per 1,000 estimated resident population.

Tasmania, ACT, and Queensland reported the highest proportion of all divorces involving children, at 53.7%, 51.6%, and 51.3% respectively. New South Wales and Northern Territory (46.3%) reported the lowest proportion of divorces involving children.

Northern Territory had the highest median age at divorce rates for males at 45.7 years, followed by Western Australia and Tasmania (45.4 years), while New South Wales had the lowest median age at divorce for males at 44.2 years of age.

Tasmania had the highest median age at divorce for females at 42.8 years, followed by Western Australia and South Australia (42.6 years), while New South Wales had the lowest median age at divorce for females at 41.1 years of age.

The median length of marriage prior to divorce was highest in Tasmania (13.1 years), while New South Wales (11.2 years) had the shortest median length of marriage to divorce.

In 2012, New South Wales, Queensland, Western Australia, the Northern Territory, and the Australian Capital Territory all recorded more joint applications for divorce than male or female-only applications. This did not change from 2011.

Contact Family Law

Data Source: Divorce Rates Australia

Divorce Asset Split In Australia: Who Gets What In A Property Settlement?

It is essential for you to decide about property settlement if you are thinking to end your relationship. It is good to know how assets split in Australia works. Our article will inform you about the process and rules for property settlement in Australia. Also, you will find tips for getting better results. We also have some examples that can explain to you the working process of the divorce settlement. 

You cannot predict the exact outcome of your process, but you can take some steps to get the necessary help. 

• Get in contact with the best real estate agents in your town. 
• Get help from experts in a divorce settlement. 

What is a property settlement?

If you are getting a divorce, then property settlement will decide how to divide your assets and liabilities. It contains both shared and individual properties. 

You can solve this issue without the involvement of Lawyers or the Family Court of Australia, by making an agreement with your partner. It is important to make the agreement formalize with the court to make it legally binding. 

The aim of a divorce settlement is to divide assets between couples in a way that they don’t need each other for financial support. This process counts all the properties or financial responsibilities that were involved during the marriage.  

Property settlement after a divorce time limit

It is good to resolve this issue as soon as possible if you are having a divorce or getting separated. This involves all the property purchased during marriage or after separation. After divorce, you have a year to apply for property settlement, and after the breakdown of a de facto relationship, you will have 2 years. If unfortunately, you cannot apply during the time, you can apply to the Family Court of Australia for special permission. 

The property settlement agreement:

It is a legal agreement between divorced or separated individuals. It contains the arrangements for property settlement after divorce or separation. 

There are two approaches for reaching a property settlement agreement:

• Both individuals can decide the matter of property division, and then they will formalize their agreement through the court. 
• You can Family Court of Australia to decide on dividing the assets. 

If you can decide without the help of the court, you will save some bucks and time. But it may not be possible in your situation. You may need a lawyer to get some legal advice and a voice for you in court. 

The divorce law Australia for property settlement is the same all around Australia, it doesn’t matter in which state you live. Also, it is not mandatory to complete the divorce before dividing the assets. You should go to the settlement as soon as possible. 

How much time does the settlement take?

It depends on how you proceed. It will be much faster if you can decide with your former partner. But if it is not possible, then you should go to court. You may have to wait for months or even years to get the result from the court.

Guidelines for dividing assets:

Here is a procedure that you can use in both conditions. 

• List of all assets and liabilities: Provide a list that contains all of your assets with their values. Both parties submit their own files. We know it as a “pool of assets”. The list includes all individual and shared properties. 

• Future financial needs: Make an estimate of the future financial needs of each person, to get a fair guess we include the person’s earning capacity, child support, health, age, and financial resources. 

• Proposed agreement: Create a proposed agreement that shows who gets what.
• Assess: Check if the agreement is fair or not. If you are happy with the agreement, then go to court to formalize it, else apply to the court to have a just decision. 

If the court is going to decide, then it will also follow a similar pattern. The court will see all of your assets and will also consider the future needs of a person. The court will try its best to give a fair and just decision. 

Property Settlement After Divorce

Can I sell the property after divorce?

It is not wise to sell any property before dividing assets. Because everything you own will be a part of the pool of assets. You will need to add it for sorting an agreement for the property. But you can sell it if the other partner agrees. 

Tips for dividing assets:

In a divorce settlement, you wish for better results. Remember the following dos and don’ts  when going through this problem:

The dos:

1. • Keep a record of all assets or debts. 
   • If you want to sell property, inform your informal partner. 
   • You should get legal advice for both selling and settlement of assets. 
   • Try to use alternatives of the court as it saves time and money. You have two options other than the court

 

• Mediation: In mediation a neutral professional guides the process of settlement. If you can make an agreement through mediation, then the court formalizes it. 

• Arbitration: It is just like a court, but it is not formal. If both parties decide an agreement there, they register an arbitral award in the court and become binding for both individuals.

 

The don’ts:

• Do not wait until the divorce is final for property settlement. 
• Do not hide any assets or property.

Property settlement examples:

Johnny and perry had a divorce in Australia, their asset pool was:

• A marital home worth 1,200,000 dollars and its mortgage was $700,000, so the total becomes $2,000,000.
• They also had a car worth 25,000 dollars.
• Perry’s superannuation worth $15,000.
• Johnny’s superannuation worth $25,000.

They can make an agreement or the court can decide that Perry gets 60% and Johnny gets 40%. According to their future requirements and financial resources. This is a 60/40 split divorce. 

Perry can keep the car, and they both keep superannuation. Johnny will keep the house and will pay Perry so she can buy a place. 

Frequently asked questions:

Let’s have a look at the most commonly asked questions for property settlement. 

How to work out divorce settlements?

The first step to take for divorce settlements is to get legal help. It is better to make an agreement by discussing with your former partner as it will save you time and a few bucks. 

Does a wife have more benefits?

The wife can get half of the assets. In the case of child support, she can even get an amount from the income of her husband. 

Source: Divorce Property Settlement

Why Divorce Rate in Australia is So High?

 

Before discussing the details of the divorce in Brisbane or anywhere in Australia. Let us discuss the term marriage. Marriage is known as a legal contract between two people. They are united due to this contract. They are together in all formats of life. Marriage also gives a happy sexual life. And about divorce, the ending of this contract is known as divorce. Divorce officially announces that these persons are no longer together. When one of the persons is not feeling comfortable with the other one, he can demand a divorce. Luckily the percentage of divorce rate in Australia has reduced.

No-fault divorce: 1975:

The divorce rate in Australia was very high before 75. It had to be reduced. In 1975 a law was passed it was named “no-fault divorce”. This law was introduced for the first time in Australia. In the first year of implementation, the divorce rate increased. Amendments were required in this family law. In 1976 there were some changes in the law to make it better.

It says that couples should be separated for at least 12 months before applying for a divorce.    

Now let’s discuss the details of the divorce rate in Australia.

What is the divorce rate in Australia?

In the 1960s and the 1970s, the divorce rate was very high. It was about 4.6 persons per 1000 residents. But it declined when the Family Law Act 1975 was passed. This law supported no-fault divorce. And reduced to just 1.9 till 2016. But it raised again in 2017 up to 2.0. Hence the divorce percentage in Australia has reduced.

Another reason for the decline of the divorce rate in Australia is late marriage or marriage between same-sex. Same-sex marriage is now legal in Australia. In the first 6 months of 2018, 99 percent of marriages were between same-sex.

Duration of marriage:

In Australia, 43 percent of divorced people were married for about 9 years.  And most of their age was between 25 to 30 years.

The average time between their separation is about 8.3 years. And they get divorced within 12 years. It indicates that half of the couples are married for less than 12 years and a half for a longer time. And there are some marriages which last till death.

There is a great chance of divorcing in the marriages of 20 years. In 1990 its percentage was 20 it increased to 28% in 2010. And it again gained peek in 2017 and raised to 27%. 

Have same-sex marriages affected the divorce rate in Australia?

After the changes in Marriage Act 1961 same-sex marriage is now legal. There were 3,149 same-sex weddings were registered in Australia till 30th June 2018. And they can also get divorced but not many divorces are reported from these couples.

What are the reasons behind divorces?

The marriage plays the part of the perfect bond between two persons. It is a very wise decision to make. The couples are usually very happy at the start of their marriage. So, what disturbs their relationship? Why do they have a divorce?

An Australian study reported that there is 71 percent of divorces blame “affective issues”. These affective issues are:

• Problems of communication 27%
• Lost connection 21%
• Trust issues 20%

The other causes of divorce in Australia can be:

• Abuse either physically or emotionally 7.4%
• Abuse via drugs or alcohol 7.4%
• Financial issues 4.7%
• Work pressure 2.7%
• Interference of family 0.6%
• Health issues 4.7%

Divorce Rate in Australia

Tips for long term marriage:

We concluded the following points from the life of couples with long time marriages.

• Respect is a great factor it should come from both sides.
• Have complete trust in each other
• Maintain happy physical/sexual relation
• Have good communication skill to talk about any problem easily
• Maintain equity
• Support the decision made by partner
• Be cooperative
• Manage time for each other

When applied for the divorce, do I have to attend the court hearing?

It depends on some conditions. You may or may not have to attend the court hearing. Let’s have a look at them:

•   If you don’t have any children under 18 years. Then you will not have to attend the court hearing it applies on both sides.
•   If a joint application is applied then you will not have to attend the court hearing, even if you have children under 18 years.
•   If a sole application is applied then you may have to attend the court hearing on having a child under 18 years.

 What is the procedure to get a divorce?

Getting a divorce is not the same anymore. That is the reason that the divorce rate in Australia has reduced. If you are thinking to get a divorce in Brisbane then Aylward Game can help you easily. Read the points below to get an idea about getting a divorce.

• Live separate lives: Before applying for a job you must separate for at least 12 months. You can get back in touch without re-starting the 12 months for about 3 months. For instance, if you have lived separated for 4 months and again got together for 3 months you will only have to live 8 months separately to complete the 12 months.
• You can live separately under one roof: You can share the same roof even when you are separated. The court will check if you are having sex, sharing meals, or sharing bank accounts. Your relatives should believe that you are separated.
• Remarrying: Don’t think to remarry until the divorce is finalized. Don’t make quick plans. You can get married once the divorce is granted.
• Property and children’s arrangement: The divorce will not resolve the property or children’s issue. You will have to file a separate case for this issue.
• Married for less time: If you are married for a small time and still demanding a divorce. Then you should visit the family counselling. Get a certificate from them and submit it to the court.

How can Aylward Game help?

Though Australia’s divorce rate has declined some issues can demand a divorce. We can help you in many ways to solve the issue.

You should take our counselling sessions before making such an important decision. The court may also ask you to take counselling sessions. These sessions play a vital role in making a decision.

We follow the collaborative practice which is an alternative to litigation. 

Mediation is a good practice. In mediation, you and your partner discuss everything openly in the presence of a mediator. The mediator is neutral and points out the issue by hearing your discussion.

Article Source : Divorce rate Australia

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