How Do I Obtain a Divorce Application in QLD?

The process of getting divorced is the same across Australia, as marriage and divorce are Federal responsibilities. So whether you are in Queensland or elsewhere around the country, the procedure is the same.

To obtain a divorce you need to complete and file with the Federal Circuit Court an application for a divorce. To be eligible for a divorce you need to be validly married, (not necessarily in Australia), to have been separated for at least one year, (you can be separated under one roof), and to have informed the other person that you consider that you are separated.

It is also necessary to ensure that you meet the jurisdiction requirements, such as being an Australian citizen or being present in Australia for at least the previous 12 months.

The application process is relatively straightforward and is designed to be completed online. It is possible to make a joint application for a divorce or a sole application. Many people are able to complete the application for a divorce without advice from a solicitor, but sometimes it is better to get some legal advice, especially;

• If you have been separated under one roof – you need to prepare and file some extra evidence.
• If you don’t know where the other person lives
• If you anticipate that the other person may avoid the service of the application
• If you have been married for less than 2 years
• If your marriage certificate is not written in English

Getting divorced just brings your marriage to an end. It does not deal with parenting arrangements or property settlement. If you get divorced and you have not dealt with property settlement, you have 12 months from the date the divorce is made final to commence the process of dealing with property settlement.

This is a strict deadline, if you need legal advice about any Family Law matter, call the Family Law team at Aylward Game Solicitors on 1800 217 217

Article Source: Divorce Application 

GETTING A DIVORCE? 5 TIPS ON TELLING THE KIDS

 

Getting a divorce is tough enough in so many ways, but it’s made infinitely harder when children are involved.

How do you announce to the kids that Mum and Dad are splitting up?

No matter what age the children are, there’s no easy way of telling the children, but here are a few tips to make the process a little easier.

#1 – Do It Together

In some circumstances maybe this isn’t a likely possibility, but making the announcement with both parents present at least helps relieve some confusion and doubt. The difficult part is being able to break the news without bickering with each other in the process if getting a divorce is less than amicable.

#2 – Choose the Right Time

You want to pick a time when everyone is present. It can be hard enough explaining this once, let alone multiple times over. You also want to make sure it’s a time when both you and your ex-partner are calm and as relaxed as possible. After all, you want to keep this as stress-free for the kids as can make it.

#3 – Plan What You’ll Say In Advance

While neither of you wants to sound like you’re reading from a script, having it clear in your mind beforehand about what you want to say, and how you’ll present it, will make the news that much easier to deliver in the best possible wording.

#4 – Be Open To Fielding Questions

The questions you’re likely to get will be varied depending on the ages of the children, but invariably you will get some, so be prepared with your answers. As it’ll take some time for the news to sink in, most questions are likely to happen over the coming days and weeks after you make the announcement. Always be open to answering them openly and honestly.

#5 – Don’t Blame Each Other

Rarely is it ever only one person at fault for a relationship breakdown, and it offers no positive value to the children at all for them to be subjected to hearing their beloved parents blaming each other for what went wrong. It’s best to keep stuff like that between yourselves and not subject the kids to it.

Article Source: GETTING A DIVORCE? 5 TIPS ON TELLING THE KIDS