The breakdown of a relationship can be a difficult time for anyone. Generally when people are going through a divorce they do not realize that there is so much more to family law than the divorce itself. Divorce lawyers in Gold Coast explain what you should know about divorce, its process, and how it is handled.

What does divorce entail?

A divorce is dissolving a legal marriage. If your situation is simple you can make an online application by creating an account with the Commonwealth Courts portal. On the other hand, if the situation is complex you must seek legal advice from a reliable expert divorce lawyer on the Gold Coast.

You will need the following to obtain a divorce.

  • Proof that you have been married in a recognized jurisdiction
  •  You have been separated for more than 12 months and one day before filing the application.
  •  A copy of the marriage certificate
  •  A copy of the Australian citizenship or a document of permanent residency for those who are born overseas.
  •  A counselling certificate if the marriage has lasted less than two years.
  •  An address for service of the other spouse

The divorce can be made jointly or by a party as a sole applicant. The joint application for divorce does not require a court appearance, even if there are children under 18 years of age.

 However, for the sole application you will need to arrange for service of application of your spouse and provide an affidavit of service to prove to the court that your spouse has been provided with the notice of the application. We will need to make a court appearance for sole application of divorce if there are children under 18 years of age or the respondent has challenged the diverse application.

Ownership of property

Ownership of property is a complex matter and it is further complicated by family law when the couple separates. the legal owner of the property is the person listed on the registered title to that property.  When a couple is separating the property interests are altered by way of an application to the Federal Circuit and the Family Court of Australia. In case you are concerned about the premature sale of assets by a former partner you will need to seek advice from family law specialists.  

 Another problem which couples face is who gets to keep the family home?  In certain cases couples can agree on how to separate their assets but problems arise when both people want to keep the same thing. 

 There are certain factors which decide who should get the home? These include the following.

  •  The impact on children of losing their place of residence
  •  Whether the children will benefit from remaining in or spending time with the parent in the home because it Is a familiar setting.
  •  The borrowing capacity of the party wanting to retain the home
  •  The location of the home and its proximity to the school, family members and friends.
  • Cost of alternative housing.

The court has the discretionary powers to make orders for the property interest of separated couples. when it comes to distribution of assets following the breakdown of the marriage, it is better to seek early  advice from divorce lawyers in Gold Coast.