Before granting a divorce, the Federal Circuit and Family Court of Australia must be satisfied that there is no chance of reconciliation. and there is no reasonable chance that the parties will get back together.
For this reason, parties must be separated for a period of at least 12 months before applying to get a divorce.
Get A Divorce – Once this period has passed, you may complete an Application for Divorce either solely or jointly with your ex-spouse.
Upon filing this application, you will be able to select a court date from those available – however, these become available at the court’s discretion and are not always immediate.
The divorce order will take effect one month and one day after it’s granted and issued.
You may not get remarried until the order takes effect.
This process is different for short marriages, and there are more requirements to be completed before a divorce order will be granted.
Do I Have To Go To Court To Get Divorced?
Once an Application for Divorce is filed, a court date must be selected by the parties.
If there are no children under Q18, the parties do not need to appear on the court date.
If you file a sole Application for Divorce and your ex-spouse opposes the divorce, they must file response material
How Can I Apply For A Divorce?
You may complete an Application for Divorce either solely or jointly with your ex-spouse.
If the application is made solely, the applicant will be responsible for paying the filing fee, and they must file an affidavit with their application.
If the application is made jointly, the parties will share the filing fee, and no affidavit is required to be filed by either party, however, there can be exceptions to this rule.
Does Getting A Divorce Mean That Financial And Parenting Matters Are Sorted Too?
No, divorce is independent of orders regarding parenting and property division.
You may apply to get consent orders for children or financial matters, before or after being divorced.
however, you must be cautious of the statutory time limits on commencing proceedings in relation to these matters.
In cases with children under the age of 18. A court will only grant a divorce if it is satisfied that there have been appropriate arrangements made for them.
Contact the team at James Noble Law or book a no obligations, free 20-minute appointment to discuss your matter with a solicitor.
James Noble – Accredited Family Law Specialist
James Noble is an Accredited Family Law Specialist with more than 40 years experience as a solicitor practicing in family law.
He is a member of the Family Law Practitioner’s Association, The Queensland Law Society, The Family Law Council of Australia, Queensland Collaborative Law
and the Family Law section of the Law Council of Australia,
Establishing James Noble Family Law
James was a partner in a national law firm before establishing James Noble Family Law in 2003.
In 2017, he joined his son Charles Noble in the practice James Noble Law.
He aims to provide specialist family law and relationship law advice that emphasises amicable.
and timely resolution of relationship difficulties through negotiation, collaboration and mediation.
James is a qualified and experienced mediator.
James has also been instrumental in developing Collaborative Law in Brisbane.
He is a member of Queensland Collaborative Law which is at the forefront of developing this new approach in Family Law.
He is a member of the International Academy of Collaborative Professionals.
In 1975 the Family Law Act was passed. James has practised solely in the area of family law,
became an Accredited Family Law Specialist and became a Partner heading the Family Law Section of a national law firm.
In 2003 James established his own family law practice.
He is an experienced family law litigator and has conducted many cases in the Family Court and the Superior Appeals Court.
James’ approach to family law is calming and reassuring and his wealth of experience assists clients to navigate through difficult times.
With his considerable knowledge. he aims to provide specialist family and relationship law advice that emphasises an amicable.
and timely resolution of family law matters.
James has been instrumental in developing Collaborative Law in Brisbane and is a member of Queensland Collaborative Law
and is also a member of the International Academy of Collaborative Professionals.
WHAT IS AN ACCREDITED FAMILY LAW SPECIALIST, AND WHAT DOES IT MEAN FOR YOU?
In addition to the many years of intensive study and testing required to become a solicitor with the qualifications to practice law in Australia.
James Noble is also an Accredited Family Law Specialist.
To gain this qualification James has undergone extensive further assessment and examination by the Queensland law society in the area of Family Law.
This assessment is carried out to ensure that solicitors who are awarded specialist accreditation have an advanced level of skill.
knowledge and expertise in a very specific area of law.
To maintain his status as an Accredited Family Law Specialist. James is also required to continue his education and activity within the area of Family Law.
You can be sure you are getting the very highest level of service. knowledge and expert legal representation in the area of Family Law when you work with James
and the professional team at James Noble Law Brisbane on 1800 662 535.
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Let us take care of your matter and help lift the weight of what can be some of the most difficult times of your life.
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We are available 24 hours a day seven days a week to take your enquiry. We want you to feel that if you need to speak to your lawyer, you can.
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Our promise regarding your costs. We know that visiting lawyers can be expensive we make it our mission to keep your costs down.
We’re a reasonable-cost lawyer.
We do not charge above our professional fees for things such as sending emails or making a phone call or sending and receiving emails.
Many law firms do because, by law, they can. We do not. Because we can.
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Need Legal Help?
If you need help, please contact the Brisbane Family lawyers team at James Noble Law today for a FREE. No-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Best Family lawyers Brisbane.
For more information, please visit our website: get a divorced
James Noble – Accredited Family Law Specialist
James Noble is an Accredited Family Law Specialist with more than 40 years experience as a solicitor practicing in family law. He is a member of the Family Law Practitioner’s Association, The Queensland Law Society, The Family Law Council of Australia, Queensland Collaborative Law and the Family Law section of the Law Council of Australia, James is a Notary Public.
Establishing James Noble Family Law
James was a partner in a national law firm before establishing James Noble Family Law in 2003. In 2017, he joined his son Charles Noble in the practice James Noble Law. He aims to provide specialist family law and relationship law advice that emphasises amicable and timely resolution of relationship difficulties through negotiation, collaboration and mediation.
James is a qualified and experienced mediator. James has also been instrumental in developing Collaborative Law in Brisbane. He is a member of Queensland Collaborative Law which is at the forefront of developing this new approach in Family Law. He is a member of the International Academy of Collaborative Professionals.
James was born and raised in Brisbane and studied law at the University of Queensland. James has worked in law firms here in Brisbane and has also been involved in the wider community and is currently a member of Brisbane South Bank, James is a Notary Public.
In 1975 the Family Law Act was passed. James has practised solely in the area of family law, became an Accredited Family Law Specialist and became a Partner heading the Family Law Section of a national law firm.
In 2003 James established his own family law practice. He is an experienced family law litigator and has conducted many cases in the Family Court and the Superior Appeals Court. James’ approach to family law is calming and reassuring and his wealth of experience assists clients to navigate through difficult times.
With his considerable knowledge, he aims to provide specialist family and relationship law advice that emphasises an amicable and timely resolution of family law matters.
James has been instrumental in developing Collaborative Law in Brisbane and is a member of Queensland Collaborative Law and is also a member of the International Academy of Collaborative Professionals.
WHAT IS AN ACCREDITED FAMILY LAW SPECIALIST, AND WHAT DOES IT MEAN FOR YOU?
In addition to the many years of intensive study and testing required to become a solicitor with the qualifications to practice law in Australia, James Noble is also an Accredited Family Law Specialist. To gain this qualification James has undergone extensive further assessment and examination by the Queensland law society in the area of Family Law.
This assessment is carried out to ensure that solicitors who are awarded specialist accreditation have an advanced level of skill, knowledge and expertise in a very specific area of law. To maintain his status as an Accredited Family Law Specialist, James is also required to continue his education and activity within the area of Family Law.
You can be sure you are getting the very highest level of service, knowledge and expert legal representation in the area of Family Law when you work with James and the professional team at James Noble Law Brisbane on 1800 662 535.
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