Ending a relationship is usually a traumatic and emotional time for anyone, especially if you’re ending a marriage. You might be feeling overwhelmed or anxious about such a drastic life change. But if you need to end your marriage, here’s what you must know about divorce in Queensland:
- According to the Family Law Act 1975, Part IV, only the Federal Circuit Court of Australia has the power or jurisdiction to handle a divorce or dissolution of marriage.
- Under the same Act, only a no-fault divorce could be granted in Australia. The court would not consider the reason for ending the marriage, and the only acceptable ground or reason for divorcing a spouse is the breakdown of your marriage without the reasonable likelihood that you won’t be getting back together with your spouse.
- You or your spouse could apply for divorce only if one or both of you consider Australia your home and plan on living in the country indefinitely; one or both parties are Australian citizens either by birth, Australian citizenship grant, or descent; or one or both of you are living in Australia and have been living in the country for 12 months prior to filing for a divorce.
- You must prove to the court that you’ve lived apart and separately from your spouse for 12 months minimum, and you have no intention of getting back together. Take note that it’s likewise possible to live in the same home together even if you’re separated.
- Being granted divorce doesn’t decide marital issues such as parenting arrangements, spousal maintenance, and property division, says one of the top divorce lawyers in Townsville. If you’re looking to make arrangements regarding these, you’ll have to make an arrangement with your spouse and then file it or get a court order if you can’t reach an agreement with your spouse.
- If you plan on applying for property division and/or spousal maintenance, you should file applications for these within 12 months of your divorce becoming finalised. Otherwise, you would need to ask the permission from the court to apply.
Divorce is never easy, but if you need to do it, it’s better that you know what you’re getting into. It’s also best that you seek legal aid so that you could fully understand your responsibilities and rights before filing. An experienced divorce attorney could help in explaining how specific divorce laws would apply to your case.