Divorce Lawyers Brisbane

If you have a property, you need help with divorce property settlement Brisbane and QLD if the property resides in those locations, or elsewhere. Our highly experienced divorce lawyers are available to guide you through the four key steps involved in a property settlement after divorce or separation.

The first step is to identify the assets of both parties to ensure that the agreement reached is as comprehensive and fair as possible. It is important to disclose assets, including properties, cars, superannuation or shares, and any liabilities, like credit card debt or mortgages. It may also be necessary to divulge information on spending habits and bank balances to get a clear picture of both parties’ financial situations.

Secondly, our divorce lawyers will help you assess the contributions made by each party, whether before, during, or after the relationship. Not only do we consider financial contributions, but we also note non-financial factors such as domestic labour and child-rearing.

From there, the court may make adjustments to the settlement to determine the future needs of each party, based on factors including employment status, income, age, health, superannuation, and dependents.

The final step of the process is to decide whether the court’s decision is reasonable and equitable. As it is rare for both parties to receive an equal share from the settlement, there is the chance of resentment over the final verdict. If there are objections to the decision, lawyers can solicit a family mediator to help resolve any tension and reach an agreement.

Given that parenting after a separation can involve many challenges, our Separation Lawyers Brisbane are committed to ensuring that the process of reaching an agreement is as smooth as possible. A parenting agreement outlines the details of care arrangements for children and can be either written or verbal. It is not only the parents who are responsible for creating the terms, as children and other family members are also encouraged to contribute. Above all, the main priority is to ensure that the child’s best interests are taken into consideration.

If an agreement cannot be reached, then a consent or parenting order put forward by the Family Court of Australia may be necessary. However, a family dispute resolution practitioner can help to avoid going through the court process by resolving disagreements over custody. On top of that, guidance can be provided if one parent wants custody or the sole parental responsibility.

The final step in the separation process (if you were married) is to apply for a divorce order, whether it be a separate or joint application. Before you make an application to the Court or Registrar to terminate your marriage, you must ensure that you meet the requirements for obtaining a divorce order. Not only must you be able to prove that the marriage has “broken down irretrievably”, but you are required to submit evidence that your separation occurred at least a year ago.

If you share children with your former spouse, then there are some additional steps to the process. Formal arrangements regarding the care of the children must have been made before a court will grant a divorce in order to protect their safety. On top of that, if you have children under the age of 18, then an appearance at the divorce hearing is mandatory unless you have made a joint application.