Marino Law | Gold Coast Law Firm

Divorce Lawyer Gold Coast

Choosing to part ways is an emotionally charged decision that demands both compassion and expert legal counsel. At Marino Law, our experienced team of family and divorce lawyers, located in the heart of the Gold Coast, pledges to lend a sincere ear to your concerns. We strive to stand by your side, safeguarding your interests to achieve an equitable resolution in your family law matter.

REAL RELATIONSHIPS. PROVEN RESULTS.

Leading Family & Divorce Lawyers Gold Coast

Book an appointment with our compassionate divorce and family lawyers.

  • Gain certainty from multi-award winning, highly-qualified team of legal professionals
  • Afford premium legal services with Marino Law’s cost-effective rates
  • Access practical solutions, strategic legal advice & a track record of success
  • Consult with recognised leaders in our specialised divorce & family law practice areas

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Steps Involved in Divorce

Our Gold Coast divorce lawyers have the experience and expertise you need when going through the divorce process. With our client-centred approach and commitment to excellence, we provide practical advice and tailored solutions to address your specific needs and concerns.

The typical steps for divorce proceedings are as follows:

  1. Initiating divorce proceedings entails the submission of an Application for Divorce to the Federal Circuit and Family Court registry. This submission must be accompanied by additional mandatory documents for support. Unless a joint application is filed by both spouses, the opposing party must be duly notified.
  2. Throughout the divorce application process, providing comprehensive and accurate details is paramount.  These details should encompass vital information about the marriage, including the date of the marriage, the parties involved, and any children born from the union.
  3. Upon receipt of the application, the court undertakes a thorough review. If all provided information is satisfactory, a divorce order is issued.
    However, it’s important to note that the divorce order does not address financial or parenting-related matters, which must be resolved separately.
    At this stage, seeking guidance from our legal team at Marino Law is highly advisable. Our team will adeptly navigate you through the entire process, ensuring all necessary documentation is meticulously prepared and submitted.
  4. In cases where the divorce application becomes a subject of dispute, court proceedings may become necessary.  In such instances, a divorce lawyer from Marino Law will provide unwavering support, guiding you through the court protocols, and advocating for your interests in court.
  5. Once a judgement is delivered by the court, it holds binding implications for all parties involved. However, it’s crucial to recognise that divorce signifies the legal dissolution of a marriage, and does not address other responsibilities.
    Financial and parenting responsibilities may necessitate ongoing attention and negotiations even after the divorce is finalised.

    Your dedicated family lawyer from Marino Law will keep your best interests at the forefront of the entire process, giving you the confidential advice you need throughout, and helping you make informed decisions every step of the way. Get in touch with our Gold Coast family lawyers today for reliable guidance and support with any aspect of family law cases.

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    Over 150 years combined experience

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    Why Choose Us

    Marino Law is a leading boutique law firm centrally located in Mermaid Beach on the Gold Coast and regularly servicing clients in Brisbane, throughout Queensland and Australia.

    Experienced

    Multi-award winning, highly qualified and experienced team of legal professionals.

    Specialised

    Recognised as leaders in our specialised areas of practice of business and personal law.

    Practical

    Practical solutions, strategic legal advice and a track record of success.

    Affordable

    Access premium legal services at Marino Law’s cost effective rates.

    Personal & Business

    Marino Law can handle all of your personal and business law requirements.

    Central

    Easily accessed with easy parking, find Marino Law on the highway at Mermaid Beach.

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    Divorce Lawyers Gold Coast – Frequently Asked Questions

    Are There Any Conditions To Applying For A Divorce?

    There are some important conditions to a divorce application, as stated in the Family Law Act. Firstly, that you have lived apart from your former spouse for at least 12 months and secondly, that there is no reasonable likelihood of reconciliation.

    If you and your spouse are still living under the same roof, you will need to satisfy the court that you were indeed separated during this time.  This may be proved by a change in sleeping arrangements, a reduction in joint activities and/or a division of financial responsibilities.

    If you reconciled with your spouse during the separation, but the reconciliation lasted no more than 3 months, you may still apply for a divorce, provided the time before and after the reconciliation still adds up to 12 months.

    Will The Divorce Be Effective Immediately?

    The divorce order will not be effective until one month and one day after the court grants the divorce.  Keep in mind that after the divorce order is issued, there will be 12 months only to divide property and finalise all property matters. 

    What Happens If We Have Children From The Marriage?

    At Marino Law, we understand that if you have children who are under 18 years of age, a divorce can only be sanctioned by the Court if it’s clear that adequate provisions and arrangements have been put in place for their care. 

    The Court makes the well-being of these children a priority before granting the divorce. Let us guide you through this process, ensuring that all necessary conditions are met. 

    Learn more about parenting arrangements here.

    Can My Spouse Refuse The Divorce?

    At Marino Law, we understand that dealing with a divorce can be a stressful and emotional process. If the court is convinced that the marital relationship has irretrievably collapsed and the partners have lived apart for at least 12 months, the grounds to challenge a divorce become significantly narrow.

    The refusal by your spouse to sign any related documents does not hinder the court’s ability to grant a divorce decree. Nonetheless, you would be required to provide evidence that all necessary documents were properly served to your spouse as per the stipulated legal guidelines.

    Service is a legal term that refers to the delivery of court papers to the concerned party post their filing. This procedure guarantees that all involved parties have received the filed documents and are fully informed of the impending divorce application that concerns them. 

    At Marino Law, we’re here to guide you through the complexities of the divorce process and ensure your rights are protected.

    Will I Need To Attend Court?

    Once we’ve submitted your divorce application to the court, you can expect a hearing date allocation. This date is typically arranged within a period of 8 to 12 weeks from the submission of your application.

    The nature of your application and whether you have minors under eighteen can often dictate if your presence (or that of your legal representative) is required at the hearing. With Marino Law, you’re not alone. We’re here to guide you through every step of the divorce application process.

    Do I Wait For The Divorce To Be Finalised Before Working Through Property Distribution Arrangements?

    The processes of divorce and property distribution are distinct legal issues. The interrelation of divorce and property settlement is that divorce instigates a time limitation period that if not adhered to, might cause complications in filing a court application for property settlement or spousal support. 

    This time limitation period begins once your divorce order is final, usually one month and one day following the divorce application hearing. 

    If property settlement arrangements aren’t finalised within 12 months after your divorce order is final, obtaining the court’s permission is necessary before filing any court application.

    What If I’m Not Ready For A Divorce Right Now?

    If you have separated or are planning to separate from your partner, there are many things to consider, even if a divorce is not decided on right now. Find out more about separation here.

    What Does A Divorce Cover?

    Divorce is the legal dissolution of a marriage by a Court. It is not an all-encompassing application and is separate to matters such as parenting arrangements, property settlement matters or spousal maintenance. 

    Our expert family law team at Marino provides a comprehensive range of services across all family law matters. Get in touch today to begin your initial consultation.

    Is It OK To Still Be Living With My Spouse?

    Dealing with separation while living under the same roof can be a complicated matter, and you are required to provide substantial proof. This means demonstrating a thorough and definitive break from your marital relationship. 

    The conditions to prove this may involve:

    • Maintaining separate bank accounts
    • Residing in different rooms
    • Abstaining from mutual entertainment, either out or at home
    • No longer portray to family members, friends, or workmates that the marriage is still ongoing.
    • Putting an end to sexual activities
    • Not performing household services for each other
    • Ceasing to share meals

    In cases where you and your spouse claim to be living separately while still under the same roof, it becomes necessary to present concrete evidence in court to confirm your state of separation. With Marino Law, you can navigate these complexities with ease.

    Can I Get Divorced Less Than 2 Years After Getting Married?

    In particular scenarios, it is permitted to submit an application to seek the court’s approval to continue with the divorce proceedings within 2 years of marriage.

    Firstly, you should approach a court accepted mediator who specialises in family and child matters. They will guide you and your spouse through discussions aimed at exploring the possibility of rebuilding your relationship. 

    Upon conclusion of this mediation, the counsellor will issue a certificate which you must incorporate with your divorce application.

    It is crucial that both you and your spouse attend this session. When circumstances prevent the mediation from happening, it is required that you submit an Affidavit outlining the reasons why counselling could not be attended.

    Do I Really Need To Use Family Lawyers?

    A divorce solicitor is recommended to ensure you receive the best independent legal advice. Our divorce solicitors are well-versed in family law issues, providing the legal representation needed on a case-by-case basis. Visit our divorce law offices on the Gold Coast to know where you stand. 

    What If There Are Financial Agreements In Place?

    If there is a prenuptial agreement in place, this may set out the division of assets or spousal maintenance. It does not dictate the divorce process itself. Read more on binding financial agreements here.

    Does A Divorce Affect My Will?

    Analysing and updating your estate plan and Will should be a priority when undergoing a separation from your partner. In the event of a divorce, any gifts or bequeaths you’ve designated for your spouse in your Will lose their validity. 

    It’s of paramount importance that you adjust your Will, Enduring Power of Attorney, Appointment of Enduring Guardian, alongside your superannuation and life insurance nominations in the wake of a divorce.

    What Other Family Law Services Do You Provide?

    Our experienced team at Marino Law can assist with all family law matters arising from separation and/or divorce, including:

    • Adoption and surrogacy 
    • Domestic violence and family violence
    • Same-sex relationships
    • Child support
    • Parenting matters
    • Child custody 
    • Child protection matters 
    • Binding financial agreements
    • Family law property settlements

    Know where you stand. Make an appointment today.

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    Contact us today on 07 5526 0157 to make an appointment with one of our Gold Coast Lawyers to disscus your Family Law & Divorce legal matters.

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