Are you looking for a divorce lawyer in Cairns to help you navigate the complex divorce process? Divorce is an emotionally difficult experience for everyone involved and one that requires a deep understanding of the laws and procedures outlined by the state. In this blog, WGC Lawyers explains the divorce process in Queensland, and how family lawyers in Cairns can help make the experience a little easier.
Eligibility Criteria For Divorce In Queensland
Before filing for divorce, the following eligibility criteria must be met:
- A couple must demonstrate that they have been separated for at least 12 months with no possibility of reconciliation.
- At least one of the spouses must show a permanent address in Australia and their intention to live in Australia or be an Australian citizen.
Initiating The Divorce Process
With the help of a divorce lawyer in Cairns, you can initiate the process by:
- Completing an Application For Divorce form and submitting it to the Federal Circuit Court of Australia. It is best to seek legal advice from qualified family lawyers in Cairns to ensure that all paperwork is in order.
- The documents must be served to the other party, with sufficient time to furnish a response.
- If both parties agree to the divorce, the matter can be resolved outside of court. A court hearing may be necessary if there are disputes over property or child custody.
- Once the divorce is granted by the court, it becomes official one month and one day after the hearing. Property and other matters may take longer to be resolved.
Legal Considerations
Although the divorce process is clearly outlined by state law, other matters such as child care, property and spousal maintenance are not as easily resolved. Courts are very clear that parents need to develop a plan that determines custody, visitation, child support and more.
When it comes to property, Queensland has a ‘no-fault’ settlement system that aims to divide assets acquired during the marriage fairly. The WGC team of family lawyers in Cairns specialises in negotiating property settlement agreements for couples who are seeking divorce.
Upon considering factors such as income disparity and individual needs, the court may determine whether a spouse is eligible for spousal maintenance.
Divorce Lawyer in Cairns For Property Settlement
Are you looking for a team of experienced and compassionate lawyers to help you with divorce proceedings? Contact WGC Lawyers today for personalised legal advice in Cairns.