Fact: In Australia, you can only get divorced if you, your partner and your Gold Coast divorce lawyers prove to the court that your marriage has undergone and suffered an “irretrievable breakdown” which signals that there is no reasonable likelihood you can mend the relationship.
Divorce in the county is usually a straightforward process. It is possible that you get divorced without the benefit and help from a family lawyer. However, having a legal professional to handle your matter is easier and safer.
In the end, it does not matter why you are getting divorce. It could be that neither you or your partner are at fault, or whatever is the reason of your separation. Not one of these facts will affect the court’s decision.
Questions
Anyone applying for a divorce in Australia must be an Australian citizen and that you and your partner must be separated for more than 12 months. You must be able to answer “yes” to the following questions.
Are you or your partner an Australian citizen or a long-term Australian resident?
Has your marriage broken down and is there no chance of you and your partner getting back together?
Have you been separated from your partner for at least 12 months and one day?
Do you have proper arrangements made for the care, welfare and development of any children of the relationship?
Do you have your marriage certificate?
Legal advice
If you answered ‘yes’ to the above questions and you want to still move forward with filing for divorce, seek legal advice first.
Your legal assistant (your lawyer) will be assisting you with the filing of the application for divorce with the court.
Alternatively, you can register with the Commonwealth Courts Portal, and file your application. (The steps on how to do this are set out on their website.)
Divorce application
The application for divorce can be filed by both you and your partner (joint application) or by either one of you (sole application).
Although the same online application process is used for both joint and sole applications, each of you will have different obligations depending on which way you choose to file.
If either you or your partner files the application (sole application), the sealed application must also be served on the other party.Proof that it had been served must be provided to the court.
Children
If you have children under 18 years of age, the applicant (you or your partner) must appear for the hearing of the divorce application.
If you and your partner file a joint application, neither party needs to attend court, even if you have children under 18 years of age.
Since December 9, 2017, all Australian same-sex marriages are likewise treated in exactly the same way as other Australian marriages. Likewise, the same divorce processes apply to this couple.
Professional
When going through a divorce, it can be very difficult getting the right lawyer, especially when you need to trust them with everything you have. You would also need to have a harmonious professionalrelationship that requires trust.
More important, you need to have the right expert who has the needed skills to handle your case and come up with a winning solution. You also need him to have some particular set of qualities to carry both of you skillfully in the process.
Mastery of family law
When choosing an attorney, get someone who devotes a good partof his time and expertise to this specific field of family law. Sinceit is a very complex field, find someone who has the expertise to handle the specifics of the divorce process.
Make it your motivation that the lives of your children are at stake. You need to put your trust in someone who can guarantee a successful solution.
Experience
One big asset is his expertise in divorce law and the family law as well. Next, get one with the right previous work in divorce settlements. They will have an easier time to understand you and your predicament.
Divorce, as everyone agrees, is a complicated process that can be emotionally draining and quite stressful. It is also important that you choose someone with experience handling cases like yours.
Family Law is one of the most important aspects ofany divorce. It points out who gets what and how much, among other factors. The family law in Gold Coast should be familiar with family law and have the ability to work with the opposing party.
Attention to details
A good attorney is able to pay attention to the tiny details that are often overlooked by others. A good attorney can fully understand facts, and can easily win any legal argument.
Notice how he/she pays attention to the details of the case and how involved he is.
A good counselfights for your rights with determination. He gives his 100% focus when you talk to him about your case.
Good communication skills
This is one important factor to nurture ahealthy client-attorney relations. You can observe this right away in the first stages of the consultation process.
You get updated on their office policies on the taking and returning of calls. You get an insight into how good that attorney actually is.
With timely communication of the case details, you can decide how the case will proceed and how well-structured the arguments will be.
Selective
This can sound odd, but go for the attorney who does not simply accept any case simply because the client demands so. The main reason is that they will have a hard time keeping up with each and every case.
The rationale is that they will not be able to allocate proper time to each one. It may not sound good but an attorney who is selective about his clients and cases is someone who is dedicated to give quality services to his client.
Personality plus
Attorneys are expected to be professional and skilled in the debating and negotiation. However, another important quality is his ability to be able to connect with the client on a personal level.
Among other professional relationships, a client and his lawyer has the closest of bond between them. The simple reason that the client needs to trust his lawyer through and through, entrusting them the details of the case.
The client should be comfortable with the attorney, to begin with. This is something you need to observe in your attorney since you will be discussing personal details with him.
The divorce lawyer should also be proactive, able to listen, discuss, evaluate, advice and find a win-win solution to his client’s problem.