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Free initial 15-minute phone call with a divorce lawyer.
Divorce is hard. We make it easier; while protecting your rights.
Going through a separation after a relationship breakdown can be one of the most difficult times in your life, particularly when there are children involved.
Having the support of an experienced and knowledgeable family lawyer can make the world of a difference — to the outcome of your matter and to your emotional stress and well-being.
That’s where we come in at BGM Family Lawyers.
We’re to help you get the best outcomes, ensure you are fully informed about your situation, and help you navigate the legal areas of your divorce or separation (and all of the related Family Law matters that come alongside it), with ease.
Book free phone consultationFree initial 15-minute phone call with a divorce lawyer.
Over 45 years of experience Experienced divorce and separation lawyers, here for you
At BGM Family Lawyers, we have the experience and expertise in family law that allows us to resolve cases quickly and settle outside of court whenever possible.
If you’re looking for experienced divorce lawyers who ensure your rights and interests are represented (and advocated for), while making the process as easy as possible for you, you’ve come to the right place.
Our family lawyers at BGM Family Lawyers are:
- More approachable than traditional law firms
- Focused on achieving favourable out-of-court solutions
- Great at breaking legal jargon into normal, everyday terms
- Experienced family lawyers providing high-quality, targeted and specialised advice
- Passionate about advocating for your best interests
- Understanding about how hard, frustrating or stressful divorce and related family law matters can be
- Dedicated to making the legal process as easy and stress-free as possible for you.
Free initial 15-minute phone call with a divorce lawyer.
WHY YOU’LL NEED AN EXPERIENCED FAMILY LAWYER
A divorce may mark the legal ending to a marriage, however, it will not automatically settle the family law matters that may arise out of your separation.
These family law matters include:
- Parenting Arrangements
- Financial Issues
- Spousal Maintenance
- Alternative Dispute Resolutions
- Financial Agreements
- Property Settlement
- Separation & Divorce
- Child support
These other Family Law issues are not settled when the divorce or separation is finalised by the courts; they are dealt with separately. But you can rest assured; our family lawyers are experienced across family law.
Our experienced team of Gold Coast divorce lawyers and family lawyers can provide you with practical and helpful family law advice.
We can guide you through your legal rights, obligations and entitlements in any of the subsequential family law matters, so that you can move on with your life more quickly.
Book free phone consultationFree initial 15-minute phone call with one of our leading Gold Coast divorce lawyers
Free initial 15-minute phone call with one of our leading Gold Coast divorce lawyers
GET HELP FROM A FAMILY LAW SOLICITOR YOU CAN TRUST
We’ve assisted hundreds of people to assess their situation after separation and relationship breakdown (including their living costs and those of their spouse) and advised them on what to do next.
For expert legal advice regarding your family law issues, contact us today on 1300 246 529 or send us an online enquiry.
Alternatively, you can book a free 15-minute initial phone conversation with us to learn more.
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WHO CAN GET A DIVORCE?
The grounds for divorce in Australia, according to The Family Law Act 1975, is defined as an “irretrievable breakdown” of a marriage.
It is based on a “no-fault” principle which requires a 12-month separation between spouses with no likelihood of reconciliation.
Applying for a Divorce Order
The information below and the expertise provided by our family law solicitors will help you further understand how divorce laws work in Queensland.
In Australia, you’re eligible to apply for a divorce if either you or your former spouse:
- Are able to prove that you are in a legally valid marriage (a marriage certificate will suffice)
- Either you or your 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 a minimum of 12 months.
You are unable to remarry before a divorce is finalised.
Questions? Book a free 15-minute initial phone call with one of our friendly Gold Coast divorce lawyers
HOW TO GET A DIVORCE
You do not need to attend court to finalise a divorce unless there are children under the age of 18 involved.
In case of children being involved, it is crucial all arrangements put in place meet the children’s needs. The Federal Circuit Court must also find the arrangements for the child(ren) of the relationship satisfactory prior to granting the divorce.
Want support through the process, and any related family law matters? Book a free initial 15 minute phone conversation with one of our friendly divorce lawyers to get started.
Free 15-minute initial phone conversation with an experienced divorce lawyer.
SAME-SEX DIVORCE & FAMILY LAW MATTERS
Same-sex marriages are recognised retrospectively from 9 December 2017, which is the date same-sex marriage became recognised in Australia.
If you and your former spouse separated prior to this date the 12-month separation period is still required.
Were you married overseas prior to 2017? You are still eligible to apply for a divorce in Australia provided you meet the standard eligibility requirements.
Our team of respected family law solicitors on the Gold Coast are experienced in successfully resolving any divorce or subsequent legal disputes before they become litigious.
We do this by implementing a dispute management strategy aimed at achieving your objectives while considering the economic and emotional realities of both parties.
Free 15-minute initial phone conversation with one of our experienced divorce lawyers to get started.
YOUR FAMILY LAW TEAM
To us, the process of divorce is more than just the legal termination of marriage after a marriage breakdown; it’s a process allowing you to leave the old behind and move on with your life. Our family law team will help you do that in the most efficient and beneficial way to all parties involved.
Book a free 15-minute initial phone conversation with a Gold Coast Family Lawyer today.
Or call us on 1300246529.
Gold Coast Divorce and Separation Lawyers, assisting clients
BGM Family Lawyers is a Gold Coast family law firm located in Coomera, but we help clients Australia-wide.
As Australian Family Law is Federal law, we can assist you with divorce, separation and family law matters, wherever you are in Australia.
We frequently help clients in the local Gold Coast area, across Queensland, and nationally.
For those outside of the local Gold Coast area, we offer phone, email and video call communication and consultation options.
Book a free 15-minute initial phone conversation with our experienced family lawyers.
TESTIMONIALS & REVIEWS
Family Law and divorce lawyers Gold Coast clients rate highly
At BGM Family Lawyers, we’re proud to be rated so highly by the clients that we’ve helped. Here are what some of our recent clients have been happy to share about us.
Joelene and the team at BGM were very helpful and efficient when dealing with my case. I never felt I was overcharged and I felt that Joelene was doing everything she could to resolve my matter with minimum cost. I would highly recommend them.
Orlena helped me navigate through a difficult time, providing me with advice and options to allow the best outcome for all involved. She was very personable and responded to my questions within hours (even those that would pop up after hours). Orlena came recommended to me by a number of people and I would highly recommend her also. Thank you to Orlena and the BGM team.
I cannot express enough gratitude to Orlena and Holly at BGM Legal for their incredible support throughout one of the most challenging experiences of my life.Orlena and her team provided not only expert legal guidance but a deep sense of care and compassion for my situation. From the very beginning, she took the time to understand my concerns and ensured that my children—my most precious assets—were always the priority.I was dealing with a highly complex relocation case, where other legal representatives had told me my chances were not great, some even saying it was a 50/50 outcome at best. However, with Orlena's leadership, knowledge, and calm reassurance, we achieved a favourable result, with the relocation being consented to. The weight that was lifted from my shoulders with this outcome is indescribable.What truly sets Orlena and her team apart is their personal approach. They frequently checked in with me, not only on the legal side but also just to ask how I was doing emotionally. Their warmth made an extremely stressful process so much easier to navigate.I couldn’t recommend Orlena, Holly, and the team at BGM Legal more highly. They’re a truly fantastic team, and I’m forever thankful for their role in shaping my family's future in such a positive way.
The Best Family Lawyer - Dan BottrellI highly recommend Dan as your family lawyer! I guarantee once you have used his service, you too will look no further. He responds in an extreme timely matter, he is a very professional, knowledgeable, and trustworthy person. There is no other family lawyer that will work as hard for you, I could not have been happier. Do not go anywhere else.! Never once did I doubt I was in the best possible hands. Thanks again DanA very happy client. Catherine.
Amy and the team at Bgm handled my divorce and settlement very professionally and quickly i would highly recommend them to anyone needing legal advice on family matters
BGM are professional and efficient in all they do. The support and guidance I recevied from the whole team, Amy in particular, during a difficult Family Law Matter has been beyond amazing. Would definitely recommend.
Amy Hohms and all the staff at BGM Family Lawyers have been absolutely fantastic! Amy's hard work and empathy have certainly helped us through a difficult time and I recommend Amy and BGM 100% for their professionalism and kindness 🙂
Holly handled my divorce in such a speedy manner! I am overseas and was concerned that may cause delays, however Holly and the team were extremely professional and fast from the get go. When I sent an email it was answered straight away .Renee also ensured the remaining funds that were held in trust were immediately sent back to me .I can highly recommend them for any legal issues as they are professional, fast and reasonable fees.
Kate and the team at BGM helped me navigate the intricacies of my divorce and property settlement. They were always professional, quick to respond and straightforward with their advice. I would recommend their services to anyone who finds themselves in this tough and challenging life situation.
Kate and the team were absolutely awesome at negotiating, advising and providing assistance. Wouldn't hesitate to recommend. Kate came highly recommended to me and can only pass that recommendation on. I felt like I received good value and matters were not dragged on. I also felt heard and valued as a client. Couldn't ask for more.
100% would not recommend this law firm to anyone.Came out with a much lighter wallet with zero results.Belinda was our lawyer and it personally felt like she was working against us the whole time, and not with us. ( sometimes it felt like she wasn’t even reading our emails ).I’m Absolutely disgusted that you call your self a family law group. ( you contribution was sub par at best )Doesn't matter how much money you have you won’t get a result. ( that’s my personal opinion and experience using this law firm )
Thank you too Amy and the team at BGM legal. Amy's skills and experience in family law has helped me get through all my legal matters without any issues. Thank you for everything, i am extremely happy with the outcome. Would definitely recommend!
Rebecca Gee and and her associate Sarra Davies from BGM Family Lawyers recently represented me in my parenting and property matters. I can highly recommend this duo. I realised how fortunate I was to be represented by them during my court hearings, especially in comparison to other acting legal representatives. The two are highly professional, meticulous, knowledgeable and have excellent interpersonal and time management skills. All options and possible pathways were discussed and explained with a realistic approach to an outcome. I am very grateful for the outcome they achieved for me. Thank you ladies!
I used Jamie Jaafar along with Sarah Cone from my separation, house settlement and family matters. They were so informative and made sure I knew everything that was going on and really listened to me. All the staff I dealt with were truly amazing. My ex husband and I will be using Jamie for our joint divorce later in the year. I highly recommended using BGM Legal.
The team at BGM have been amazing! I was in a situation that required immediate attention and all members of their team did everything they could to meet my unreasonable deadlines.Not only that, the advice they gave has saved me significant volumes of money both in the short and long term.I sleep well at night knowing the BGM team has my back.
I used Kate at BGM for a family law issue. Kate is a no nonsense, experienced lawyer who was able to steer me through the legal minefield. Highly recommended 5 Stars
From my first meeting with Orlena Moloney at BGM Family Law, I felt seen and heard and knew immediately that she would provide the navigation, guidance, and compassion needed when working through the confusion and anxiety that can be family law.From the initial consultation to the final resolution of my case, Orlena has been professional, knowledgeable, and compassionate. I will always be grateful for her unwavering support, child focused approach, and for taking the time to fully understand the complexities of my case and the needs and best interests of my children. Orlena provided me with clear and honest advice every step of the way and was always available to answer my questions and keep me informed throughout the entire process, checking in and assuring me I wasn’t alone.Thanks to her experience, hard work, and dedication my case was resolved, and I couldn't be more appreciative. I highly recommend Orlena to anyone in need of a family lawyer who truly cares about their clients and is committed to achieving the best possible outcome for their family.
Joelene and her team are exceptional! The support and service provided to me was outstanding. I had worked with another law firm to settle my property and divorce and had had a terrible experience with my previous firm. I came in very skeptical given my previous experience however BGM did everything in a timely manner as promised to me. I have no hesitation in recommending the team at BGM.
I used Jamie Jaafar for a family issue and she was amazing. She listened to all my wishes and instructions, didn't push me in to making any decisions that would make me uncomfortable and was always very informative. I was able to resolve the issue in a timely manner, with little aggravation from my side and at a reasonable cost. It seems it is rare to find a family lawyer who doesn't aggravate the situation by being too aggressive but still getting a good outcome and Jamie was exactly what I had hoped for.
BGM are great, I would highly recommend. Especially Amy, she was always kind and so efficient on all matters, I truely appreciate that. Thank you for helping me through this family matter.
Fantastic firm! These Lawyers are not the average suit! They actually care about their clients! They are mindful about individuals financial circumstances. A rarity to find! Thank you to Jamie and Orlena
BGM were amazing to work with, they are professional, helpful in a stressful time & get back to you in a timely manner. I would highly recommend contacting them for family law matters. Thank-you BGM you made this easy and we’re so professional and helpful in every aspect.
The team at BGM Family Lawyers, especially Jamie, have been trusted advisors during a difficult period personally over the last few years. Their expert advice, support and responsiveness have been invaluable.
I would highly recommend Joelene Seaton for all family law matters. Joelene helped me navigate the challenges of parenting orders and the family law court. Joelene is extremely knowledgable and efficient when helping her clients to reach a desired outcome. Joelene is understanding of her clients needs and clearly communicates the legal processes from start to finish. Without Joelene’s representation I would have been extremely overwhelmed by the legal process. Joelene helped me to feel confident about moving through the challenges and facing each obstacle with ease. I am extremely grateful to Joelene for helping me to make final parenting orders with my child’s best interest in mind.
Orlena and Amy were my right arm through the whole process. I had a complicated case, that caused a lot of emotional and mental exhaustion and they gave me a piece of mind and the feel that my son and myself were in good hands.Dealing with the BGM team, from my personal lawyer to the admin team, top service!!. They are super professional and i couldnt ask for better care for my case.Their service charges were very good and the result was priceless.Thank you again BGM team!Big hug for Orlena and Amy!
I just wanted to commend Belinda at BGM who was so easy to deal with right from the first phone call made to the firm. My previous lawyer left me at the end of my case which was distressing and I luckily found BGM lawyers on line.Belinda took on my case and every step of the way gave me options to choose from which was so helpful considering I did not know or understand the legal direction that was required. Belinda wrapped my case up in 6 weeks which is outstanding. I am so grateful for the work she has done and very very happy with my outcome. The stress has now been relieved and I’m very grateful.Thankyou to Belinda and the team at BGM law firm I will recommend you to anyone requiring a family lawyer.Thankyou Tamara Downes not (Lloyd).
BGM Family Lawyers were amazing in how they supported and helped me through a very difficult time. Not only were they quick to respond to emails, would always answer phone calls promptly, but they also knew exactly how to approach all situations professionally and made me feel calm and at ease throughout the whole process trusting them completely.
The team at BGM are second to none. I worked with Orlena who was at all times empathetic, understanding, and professional. She made an incredibly difficult situation a manageable one where she endeavoured to achieve the best possible outcome for all parties which is quite literally everything I could have asked for in such circumstances. To be heard and understood during a vulnerable time made the whole process much easier. I can’t thank Orlena enough for what she did for me and my family, she treated something that meant the world to me with the utmost care, kindness and respect. I am forever grateful. To Orlena and the rest of the team at BGM, thank you. I would recommend you in a heartbeat.
I highly recommend BGM Lawyers. I first met with Orlena Moloney upon the recommendation of a friend. Her warmth and empathy towards my situation were invaluable as I dealt with the fallout from an unexpected marriage separation. She provided open and honest legal advice and gently laid out the difficult path that lay ahead. Orlena has immense knowledge of family law and is very up-to-date with her understanding of how the courts are currently applying the law, so I had a realistic view of what might happen in my situation both financially and with parenting arrangements. Orlena and Amy were both incredibly helpful and supportive throughout my time needing their services. They were always prompt and did not waste my time or money. BGM's Mediation Centre was perfect for a long day of mediation. I cannot thank Orlena and Amy enough for guiding me through the legal process. I won't hesitate to contact BGM again if needed. [Side note, I had previously spoken with lawyers from three other firms and none of them showed the level of knowledge and personal care that was available through BGM Lawyers.]
I engaged with BGM family lawyers, after a poor experience with another solicitor. From the first phone call, I received an amazing team who were professional and empathetic. During my family law court process, Orlena and her team held me through all my ups and downs and never stigmatised or judged me. The family law court space is another way for people who experience domestic violence to be perpetrated against by the abuser's solicitor. I was tremendously proud with my team at BGM, who communicated with kindness and integrity to all parties, even when faced with degrading and cruel remarks from the other side. I felt that they were a reflection of my own values on how to treat all people. I have (and continue to) recommended Orlena and her team to anyone and only feel eternally grateful that I had them in my journey.
I’d like to leave a review here for Dan Bottrell & Georgia Edwards. Leaving a 20 year relationship I faced a challenging and stressful situation. Dan & Georgia guided me through my separation with expert knowledge and genuine care every step of the way. Whilst my situation was difficult and delicate, I felt safe and supported throughout. For the first time in decades, I felt I had a voice. The approach was clever, compassionate and results driven and with their support and hard work I was able to reach a desirable outcome and regain control of my life.Dan Bottrell was highly recommended to me, and I am so grateful, I’d like to do the same for others.Thank you Dan, Georgia and the BGM team.
I highly recommend Jamie from BGM, she is absolutely amazing and was understanding with our situation.Jamie went beyond to help me with my case, but she was also mindful of costs and won’t engage in unnecessary back and forth communication and was very honest with me throughout the process.I am truly grateful for all her hard work and was happy with the outcome of our case.Jamie stayed by me throughout and I don’t know what I would have done without her. l appreciates her dedication to her work.Thank you Jamie, and BGM team.
Little did I know after speaking with Dan, then walking into Orlena's office in 2020 how naive I really was and that this was actually only the beginning of a very, VERY long journey together.I am so grateful to have had BGM on that journey with me and cannot recommend them (specifically Orlena and Jamie) highly enough.Yes, you pay for what you get! But I paid for the best as and when I could afford to and got the best!"Cheap lawyers = cheap, bad, uninvested-in-your-matter advice. Repeat"which in the long run costs you more - not just in fees, but most likely losing or failing to progress the matter you needed help with in the first place.This won't happen if you go to BGM.My matter turned out to be a horrible 3 year de facto and financial separation involving young teenage children and with the added complications of international property and assets as well as DV.Orlena and Jamie are the utmost professionals, separating high emotion and irrational thinking from the matter at hand and simply telling you like it is - even when you don't want to hear it, but always, ALWAYS with your best legal and financial interests and capacity first and foremost and always delivered with firm kindness.I am truly happy with the outcome of my matter, which would not have been achieved if it had not been for the consistency of having BGM onboard from outset and throughout and the expertise and experience of the team.
Jamie and the BGM team handled my case professionally and expertly. They set realistic expectations and delivered a high quality service while minimising unnecessary charges and communication. They provided great advice and recommendations for third party services and I would highly recommend them to anyone needing a family lawyer.
I found Rebecca Gee to be not only highly knowledgeable, professional and competent but also honest, caring and supportive. She quickly became someone I could trust in to guide me through the meandering roads of Family Law. She tirelessly strives to find the best outcome in each situation. I highly recommend Rebecca and the team at BGM.
Orlena from BGM is absolutely amazing. Not only is she personable but she is mindful of costs and won’t engage in unnecessary back and forth communication. Honestly, I don’t know what I would have done without her towards the end of my court case, an absolute angel. Highly recommend
When my family law case was abandoned late in the piece by another Gold Coast law firm someone recommended I give Dan at BGM a call. Dan and Georgia picked up my case and completely turned it around. Although they were already quite busy they worked around the clock and went above and beyond in every way to get my case on track. I will be for ever grateful. They were supportive, empathetic, available and professional every step of the way. Although all had seemed lost prior to engaging BGM I couldn't have been happier with my outcome. If you are needing a trustworthy and competent family law team BGM are your people.
I've known Kate for a long time and previously worked with her at Jones Mitchell. I trust her 1000%, whatever she advises always works out and has helped me through two marriage breakdowns now. Would recommend her to everyone I know!
I have had more progress in the weeks of self representation than I did after more than $13k and 15 months of my matter going no where. The only thing BGM did for me was drain my bank account and refuse to fight for my matter.
Professional on all levels, helpful and friendly on the phone and in person. If you are going through these tough times and need a family lawyer these guys are the best
Kate and BGM were there for me through the most stressful and depressing time of my life. Kate was calm, intelligent, and caring. Thank you. I highly recommend BGM.
I contacted Dan Bottrell in November 2018and emailed him correspondence till May 2021Regarding Property Settlement. Dan has advised me regarding Consent Orders, time limitations, making a Will and Power of Attorney. Life insurance, Super beneficiaries, Financial planning and Illness and death issues.Dan was always keen to make sure that I’m always well taken care of and always thinking to protect my rights and interestsUnfortunately I did not use Dan because I had a deadline to meet and the timing did not work with Dan. If only I could wait 3 more weeks... I’d like to say a big Thank you to Dan and if you are reading this you are in the best hands.
I can highly recommend Dan, He was very professional. I was extremely happy with my outcome.
I could not recommend BGM lawyers more highly. Jamie Jaafar was extremely supportive, professional and had excellent service standards. She was an absolute pleasure to work with and I could not have been happier with the support she provided as well as the support from the whole team there.. 10/10. Thank you!
Need a family lawyer i highly recommended bgm very helpful and understanding bout what u needs
Thank you Jamie Jaafar for all your help with my Family Law matter & getting it all finalized. You were so kind and understanding with my situation. I will have no reservations about recommending you to anyone who needs assistance with their own legal matters.
A huge thanks to My lawyer Jamie Jaafar and the whole legal team at BGM family lawyers. They went above and beyond with my court proceedings. Jamie made the year long proceedings easily understandable and as stress free as she could. I cannot recommend them enough.
Thank you Dan from BGM. Your help with closing another chapter in my life was outstanding. Your attention to details and dedication to work even outside of normal hours is something you don't find with other firms. Your compassion made me feel that you're truly care about my case and me not being just another client. I was recommended to you and I'll pass my recommendation to another person in need of expertise.
My recent dealing with Dan and his team was exceptional. I struggled with my position, but Dan helped me through every step of the way to a fabulous outcome. I was kept informed, and advised with everything that was happening and was extremely happy with the help I received. I would recommend Dan, and the BGM team to anyone with Family Law issues. Thank you Dan.........
Highly recommended family lawyers, I had dealt with a couple of family lawyers prior to finding Dan from BGM lawyers and I just had to write this review. Dan would have to be at the top of his game, he was extremely professional, he knew exactly what he was doing and how to solve the situations that were put forward to us in the best possible way. I'm not connected to the company or Dan in any way apart from being a client and can highly recommend him for your family law issues. He is truly a 5 star lawyer.
Book a free 15-minute initial phone conversation with a Gold Coast Family Lawyer in our team today.
Or call us on 1300246529.
FREQUENTLY ASKED QUESTIONS
Have questions? Here are answers to some of the most frequently asked questions we hear about divorce, separation, and other issues relating to family law and the separation process. If your question isn’t answered in these divorce FAQs, get in touch with our team today.
Yes – You must be separated for 12 months before you can apply for a divorce.
The only legal requirement for getting a divorce is the ‘irretrievable breakdown’ of the marriage with no likelihood of getting back together.
This ‘irretrievable breakdown’ is proven when both parties remain separated for a period of 12 months or more.
If you were married overseas, the process of filing for divorce is the same as if you were married in Australia. You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident;
- are an Australian citizen by birth or descent;
- are an Australian citizen by grant of an Australian citizenship;
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You must provide the Court with a copy of your marriage certificate when you apply for a divorce. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator.
If you need any help navigating Australian divorce law (which can sometimes be complex where a marriage occurred in an overseas country), our expert family lawyers are here to help.
Yes, but only if you have not been separated for 12 months and a day, if there are not appropriate arrangements in place for your children or if the court doesn’t have jurisdiction.
If you want to oppose an application, you will have to file a Response to Divorce wherein you need to set out the grounds for its dismissal.
You may need to attend a court hearing, unless the court decides on the application in your absence.
That depends – If you are the party being served with an application for divorce, you won’t necessarily have to pay any fees.
However, if you choose to oppose the divorce application or want to file a different order with the Courts, you will need to pay a fee to challenge the application. (In some cases, the Court can, if the opposition to the divorce application is without merit, impose a penalty in the form of an order requiring payment of the other party’s legal costs).
Separation happens when you and your partner stop living together as a couple.
You do not need an official document to say that you are separated. One or both of you may make the decision to separate, and tell the other person of that decision.
One of you may then decide to move out of the home (although it is possible to live separated under the one roof).
Even though there is no official separation document, there are some agencies you may need to tell that you and your partner have separated such as:
- Centrelink – if you receive benefits already or if you need financial assistance.
- Child Support Agency – if you have children living with you, you may be entitled to financial assistance (child support) from your partner.
It is possible to be separated but still to live in the same house. This is called being separated “under the one roof”.
You can live together at the family home and start divorce proceedings provided that you live ‘separate and apart’.
Getting an Affidavit
If separation under one roof applies to your situation, you’ll need to support your divorce application with evidence, set out in an affidavit.
This is used to prove that you and your spouse has separated and will allow you to explain any:
- Changes in sleeping arrangements.
- Reduction in shared activities or family outings.
- Decline in performing household duties for each other.
- Division of finances; for example, separate bank accounts.
- Other matters that show the marriage has broken down. For example, you have notified family and friends of your separation.
Consult a family law solicitor for more information about this.
Yes, we are the trusted Family Lawyers and our Gold Coast law offices are located at 7 / 5 Jowett Street COOMERA QLD 4209.
Yes, we can. Family Law in Australia is Federal Law, which means that while we are Based in the Gold Coast, our experienced family lawyers are able to assist clients with divorce matters and other family law issues, wherever they are in Australia. For those outside of the Gold Coast region, we offer email, phone call, and video call communication and consultation options.
No, a lawyer is NOT compulsory to get a divorce in Australia.
To get a divorce without a lawyer, you must correctly fill out and file an application for divorce.
These forms can be obtained from the Federal Circuit and Family Court of Australia’s website, or you can file online using an interactive form at the Commonwealth Courts Portal.
We would still recommend you engage a family lawyer so you can obtain the necessary legal advice to uphold your rights and protect your interests (especially where getting a divorce does not deal with the financial matters arising from relationship breakdown).
An Annulment is a declaration that the marriage is null and void. It’s different from a divorce.
A marriage can be annulled in the following circumstances:
- If one or both people are under 18 years of age and don’t have special court approval to marry
- If someone is not able to provide informed consent for the marriage to take place.
- The relationship is prohibited (siblings, for example, cannot marry).
- The legal requirements were not met. For example, if the officiating person is actually not authorised to officiate a wedding.
- If either party was coerced into the marriage,
- One or both parties were already married to someone else.
Note that spiritual annulments, granted by some religions, are not considered legal annulments.
WE CAN HELP WITH FAMILY LAW ISSUES. BOOK YOUR FREE TELEPHONE CHAT TODAY.
We’ve assisted hundreds of people assess their living costs and advised them on what to do next regarding a separation or divorce.
To get started, book a free 15-minute initial telephone call conversation with a divorce law expert from our team.
Or call us on 1300246529.
