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Divorce & Separation

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Going through the divorce process is emotionally draining and overwhelming.

No matter the circumstances of how you came to this decision, the process of ending a marriage or relationship is the similar to the grieving process; you grieve the life you once had. You’re going to feel sad, angry, and lost and not sure what to do – and that’s what we’re here for.

With our family law team by your side, we will give you the support and advice you need to stay level-headed & focused to resolve your divorce in a simple and cost-effective way.

What You Need to Know About Divorce

A Divorce is the legal ending of your marriage; however, it doesn’t resolve other family law matters which can surface from going through a separation. These matters are dealt with separately from divorce proceedings.

These family law matters can include:

If you require assistance with any of the family law matters above, our family lawyers can assist you.

What are the Eligibility Requirements to Apply for a Divorce?

  • You need to prove you’re in a valid marriage (copy of your marriage certificate will be sufficient).
  • Either you or your ex-partner are an Australian Citizen.
  • You have resided in Australia for the last 12 months.
  • You and your ex-partner have been legally separated for at least 12 months.

What Are The Steps in a Divorce?

  1. Separation

You and your ex-partner have decided to end the relationship.

You and your ex-partner can be separated and living under the same roof. If you live and your ex-partner lived under the same roof during your 12 months of separation, you will need to supply extra evidence and information to the Court with your divorce application.

  1. Application

After you and your ex-partner have been legally separated for at least 12 months, you can apply to the Court for a Divorce. There are certain criteria to be met, and numerous documents required to be filed with the Courts, which our family lawyers can guide you through.

  1. Hearing

Our family lawyers will attend the Divorce hearing and represent you on your hearing day. If the Court is satisfied your application has met the requirements, your Divorce Order will be granted.

  1. Finalisation

One month, and one day after your Divorce Hearing your Divorce Order will become effective and the Divorce will be finalised.

What Can PD Law Help With?

  • We provide professional advice based on your circumstances & explain your rights.
  • Preparation of your Divorce application.
  • Make an application for Divorce.
  • Filing of your Divorce Application.
  • Representation during the Divorce Hearing.

Note – we offer fixed fees for divorce matters.

If you require assistance with a Divorce or Separation matter, contact our family team today.

Thinking About Separating?

Thinking about separating, but you’re not sure. We’ve put together some practical considerations that may help you.

Download Now

Our Family Law Blogs and Podcasts

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In the sad event of a couple with children separating or divorcing, making arrangements for the care, welfare and upbringing of the children both in the short and long term is the most important immediate task facing both parties. In family law matters in Australia, the welfare and best interests of the child are paramount… Read More »What’s Involved in Varying Parenting Orders – The Rule in Rice v Asplund

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Parenting Orders are legally binding court orders that determine the rights and responsibilities of parents in relation to their children. These orders outline important aspects such as where the child will live, who they will spend time with, and how major decisions regarding their welfare will be made. These orders set out the arrangements for… Read More »Parenting Orders

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If you’re going through a separation or divorce, sorting out your financial affairs is often one of the biggest challenges. You want to make sure that everything is settled fairly and legally, providing security for both parties involved. One common way to achieve this is through a binding financial agreement or a consent order. But… Read More »Binding Financial Agreement vs Consent Orders

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When dealing with a property settlement one of the first things your lawyer will ask you to do is compile your financial disclosure. So, what is it, and why is it important? The most obvious answer is your financial disclosure is everything related to your current financial position. Think bank statements, tax returns and payslips.… Read More »Understanding Financial Disclosure

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The Benefits of Mediation When conflicts arise in a relationship breakdown, they can be timely, pricey, and stressful. Alternative Dispute Resolution processes such as mediation can assist you to reach an agreement without having to resort to going to Court for property or parenting-related matters. What is Mediation? Mediation in its fundamental nature, is a… Read More »The Benefits of Mediation

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What is a Binding Financial Agreement? A Binding Financial Agreement (a ‘BFA’ for short), is a legal document that outlines the financial arrangements between two parties in the event of a relationship breakdown. This agreement can be entered into before, during, or after a marriage, de facto relationship, or civil partnership. It provides clarity and… Read More »Binding Financial Agreement

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What Are Consent Orders? Consent orders are an essential aspect of the legal landscape, particularly in family law matters. They provide a mutually agreed upon solution between parties involved, without the need for prolonged court battles. The Role of Consent Orders in Family Law Consent orders play a vital role in family law matters as… Read More »Consent Orders

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Going Through a Separation or Divorce?  Going through a divorce or separation can be can a stressful and confusing time. You may find that everyone seems to have a horror story to tell or advice to give making it difficult to sort fact from fiction. No two separations are the same so it’s important to… Read More »Things to Know Prior to Separation

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If you have recently separated or contemplating separation and there are children involved, then you’ve likely come across the term parental responsibility. In this podcast, PD Law Senior Associate and Family Lawyer, Elizabeth Smith, discusses what you need to know about parental responsibility in Australian Family Law.

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The break-up of a marriage or de facto relationship is naturally one of the most stressful times in a person’s life. Apart from dealing with the emotional toll of the split and, in many cases, its effect on children from the relationship, the process of disentangling two lives in terms of property and assets can… Read More »How Do We Get to a Just and Equitable Division of Assets in a Family Law Property Settlement?

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Suits and other law TV shows make going to court look so quick and easy. Makes for great TV but the reality is starkly different. Court can be brutal, drawn out and expensive – family law litigation particularly so. You don’t need to go to court to end your relationship or get the outcome you need.… Read More »Netflix has a lot to answer for………

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We focus on: Cutting down on expense & emotional cost The resolution & not the battle Where possible, we prefer to stay out of Court, cutting down the expense and emotional cost, but when it’s necessary we can prepare urgent applications to the Court to protect your children or preserve your property rights. Reasons to… Read More »What Do You Want From Your Family Lawyer?

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Separating? What Now? Going through a divorce or separation can be can a stressful and confusing time. You may find that everyone seems to have a horror story to tell or advice to give making it difficult to sort fact from fiction. No two separations are the same so it’s important to get the right… Read More »Things to do when you are separating from a partner

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Ending a relationship can be stressful and it’s easy to get confused trying to work out what you need to do to protect yourself and your assets at such an emotional time in your life. To help offer some guidance, here’s some tips on things you should do, or consider, when you separate from your… Read More »Family Law – Going through a separation – what now?

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When a relationship breaks down – who gets the kids?  As we come into the last few months of the year, family issues are heightened with financial pressure from having to buy the kids Christmas gifts, to sorting childcare arrangements over the holidays. At certain times this can lead to couples separating and possibly a… Read More »Family Law Seminar Series – 2

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Separating? What happens now? PD Law are running a series of FREE Family Law Seminars in conjunction with the Whitsunday Neighbourhood Centre. The first of these will take place on Wednesday 7 September from 5.30pm to 7.30pm at the Whitsunday Neighbourhood Centre. There is always a “grey” area when a couple first separates.  When you… Read More »Family Law Seminar Series

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BINDING FINANCIAL AGREEMENTS (BFA) The beginning of a relationship is always an exciting time and in that moment it can be hard to imagine the possibility that things might not work out as planned. Unfortunately, with the realities of modern life, relationships do not always work out and often couples are left trying to deal… Read More »Before, during or after a relationship – any time is the right time to make a financial agreement