From small beginnings

Family Law is a highly technical field of law that is constantly changing. The team of BELAW’s family law solicitors are all fully qualified practitioners focused purely in family law and divorce law matters in the Cairns area.

When a marriage ends, you may or may not feel ready to go through the extremely stressful final step of getting divorced.

Usually you will need to have been separated for twelve months before you can apply for a divorce, save for a few exception scenarios.

You can either lodge the application jointly with your former spouse or just by yourself. When an application is made jointly by the former spouses, they can avoid the discomfort of having to attend the court hearing.
The process of applying for a divorce is relatively simple, unless if there are children.

The rules about how to serve the application on the other spouse are quite strict, which can be further complicated if a country other than Australia is involved.

If a couple has separated, division of property and financial issues are possible to be resolved without actually having to get divorced. Should there be a disagreement in regard to the 12-month waiting period before the divore, the date of separation could be contested. To put the fact of separation beyond dispute, you must inform your partner of your decision to separate.

The Family Law Act recognises co-habiting couples’ relationships regardless of their sex. The Act treats such relationships differently from marriage in that if the existence of such a relationship or its length is disputed, proof will be required and a court may have to make a determination on the issue in dispute.
Another difference is that unlike the 12 months of separation required for married couples, de facto partners have two years from the date of separation, within which to commence court proceedings for a property settlement.

To assist you in your divorce proceedings, please prepare with the following steps.

1. Ascertain the date of your separation. (You have to be separated for at least twelve months before you can obtain a divorce.)
2. Start compiling a list of assets, liabilities and superannuation. This will be important for the property settlement between you and your ex-spouse.
3. Parenting arrangements – can you agree on how to co-parent your children after the divorce?

Let our team of competent divorce lawyers make the process simple and easy, and make the best of a difficult situation by maximising your potential outcome.