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Divorce is not a delightful experience to go through. It is stressful and exhausting, isn’t it? Sometimes, in domestic violence cases, it can even be dangerous. We encourage you to step forward and be protected!
Divorce can be simple, but most of time it is more complicated than we expect. It may involve a divorce application, or it can also include property division matters and children custody affairs. Domestic violence can further complicate the matter, both emotionally and legally.
It is often better to settle your matters as early as possible. That’s because relationships usually deteriorate over time. The earlier we are involved in helping you, the easier and quicker (and cheaper) it is to find a way out.
Families with Children
If you have children under 18 years old, or if any of your children are dependents, it would be best if you could come to an agreement with your ex-partner regarding the children’s arrangement. The children’s parents continue to share parental responsibility until the children become 18 years old.
Under Australian Family Law, your children have a right to enjoy a meaningful relationship with you, and the best interests of your children are the most important. We will act on your behalf when negotiating a suitable arrangement for your children.
If you can’t reach an agreement with your ex-partner regarding your children, family mediation is a good way to help the parties come to an agreement. Otherwise, if that doesn’t work, the Family Law Court will have to make a decision for the parties, and we will represent you at court.
A common misconception in divorce property split is each party always gets 50/50. It’s actually a much more complicated process than this.
To make it extremely brief and general, it’s a 4-step process:
Other questions you might ask are: What is included in the “total property pool”? Are overseas properties calculated? What are non-financial contributions? Does it affect my business? I worked in the business for free, can I get my salary back? These questions can be answered when we understand your situation in detail.
If you have separated with your spouse for 12 months, and there’s no chance of you both coming back together, you may apply for divorce.
If you got married overseas, you may apply for divorce in Australia if you’ve ordinarily lived in Australia for the past 12 months, or if you’re an Australian Citizen.
Our court runs on a no-fault divorce principle. That means our Court does not consider the reason for your separation.
If you have children under 18 years old, the Court will require you to make proper arrangements for your children before granting you a divorce.
There is a time for everything. You have come a long way. You have endured with patience, and it is now time for you to make a decision.
We know it’s not a desirable process to go through. We understand. If you can reconsider your relationship, please do so. Otherwise, let us know how we can help.
Perhaps it’s just a few questions. Perhaps we will have to represent you. We are here to help.
Hint 1: Is your separation “repairable”?
One important concept that you need to know is “irrevocable breakdown” of a relationship. If the breakdown is irrevocable, that means there is no way you can be together again with your ex-partner.
If that happens, a wise action to take is to communicate your separation clearly. This can be done by a text message, or a letter, or an email. Make sure that you have communicated your intention to separate with your ex-partner where the date is clear. This date will become your “separation date”.
Hint 2: Property division and Children
From your separation date, you need to wait 12 months before you may file for divorce.
During this period of time, there are two things you should think about: (1) Property division and (2) Children.
Are there any properties that you need to protect or divide? Do you want your properties to be protected from your ex-partner, or do you think you deserve a part your ex-partner’s property? We recommend that you clearly divide your properties (either in your name or joint names) as soon as possible, so that they don’t become a larger problem in the future.
Do you have any children under 18 years old? Who will they live with? Who will be responsible for their education and care? Can you visit your children? You need to make suitable arrangements for your children before you will be granted a divorce order by the Court.
Hint 3: Filing a Divorce
Once you have separated for more than 12 months, you may file a divorce application.
A divorce can be applied jointly or unilaterally. Compared to property and children mentioned in hint 2, a divorce application is relatively simple to do, provided that you’ve already made suitable arrangements for your children.
Having said that, a divorce can sometimes be quite complicated and time-consuming, depending on the situation. One example is when your ex-partner is overseas and is refusing to respond. Let us know your situation and we will work out a plan for you.
Hint 4: Move on with your life
The ultimate goal is for you to move on with your life!
First, tell us your situation and give us as much information as possible, so that we can “measure” your case. Then, we will give you some useful advice as to the best ways to proceed.
Having a fixed fee consultation with us is worthwhile. In the meeting, we will provide useful tips and strategies for you to proceed.
It may be the case that you simply need some guidance, and we will give you that so you may move on.
Or, it may be the case that you need us to represent you, so that your interests are protected.
Book a meeting with us, so you can move on with your life sooner!
Principal Solicitor, Director, Mediator & Migration Agent
English | Cantonese | Mandarin
Ken is a Brisbane Chinese lawyer who can speak fluent English and Chinese – both Cantonese and Mandarin. Here some some of this qualifications:
Ken has been a Chinese lawyer for multiple reputable law firms. Being raised in a family of Chinese background, Ken knows the Chinese culture and understands the tradition. With his strong Chinese background, he understands Chinese clients’ needs to the point.
Having migrated to Australia since 7 years old, Ken is also native in English and has a very westernised background. This forms an important bridge between working as a Brisbane Chinese Lawyer in Australian Courts.
English | Sinhalese
Hailing from Sri Lanka, Tharindu (Rin) Fernando is a passionate and caring Sri Lankan lawyer who will listen to your story, empathise with your situation and work with you in reaching a solution that is sustainable and long term. Rin has an Honours degree in LLB and Business Management. His love in his home country Sri Lanka gives him the passion in being a professional Sri Lankan lawyer. It also lets him understand the Sri Lankan culture and its law.
Combining his faith with his profession, Rin firmly believes that the purpose of a lawyer is to not just provide a legal solution but to walk alongside them, love them, care for them and serve them. To that end, he is not just a professional but someone that you know will genuinely care about you, your situation and your best interests at heart.
English | Chinese
Jessica graduated from Griffith University in 2017 with a Master of Professional Accounting.
She joined Times Lawyers when it was founder as a legal secretary, and has been with the team since. Jessica is a positive and progressive person. She is also a high archiever, believing by constantly learning something new every day, she will have the confidence to confront all challenges in her career.
Casey is currently a student coming to the completion of his bachelor’s degree in Law (Honours) and Behavioural Science (Psychology) at the Queensland University of Technology. Casey has been gaining experience as an intern at Times Lawyers and has a keen interest in the areas of Family Law and Civil Litigation. Casey is motivated by the prospect of helping people in their legal matters and the ability to serve the greater community.
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There is a Time for Everything.