Divorce & Separation Lawyers Cairns

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Divorce & Separation Lawyers Cairns

If you have been formally separated from your ex-partner for 12 months, you can apply for a divorce through the courts. Our family law team will provide you with advice about the divorce process, costs, and relevant time limits so you can make decisions with confidence.

Preston Law has been an established law firm since 1991 and has a wealth of experience handling all types of divorces and separations. Whether you and your ex-partner are on good terms or need mediation to come to an agreement, it is important to seek legal advice. Our experienced Cairns family lawyers will help you navigate through the process and ensure your rights are properly protected.

We understand that divorces and separations can be stressful, without the added pressure of legal fees or navigating through the process without legal representation. We are confident that our expert family divorce lawyers will not only ensure you are aware of your entitlements but will help you reach the best outcome.

In some circumstances, we can offer fixed fee services or a ‘pay on settlement’ option to help reduce the stress and financial burden of engaging an expert divorce lawyer.

We have divorce lawyers in Townsville and Cairns, so no matter where you are in North Queensland, we’re here to protect your interests and entitlements.

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Why you need legal representation in a divorce?

When a marriage or de facto relationship ends, there is always a division of debt and assets whether that’s property such as a house, or superannuation. Even in an amicable divorce, discussions about splitting finances can lead to friction, and without knowing your rights, you could find yourself exposed legally.

Our family lawyers will help you work through the process with compassion and understanding, so you can navigate your divorce, child custody and financial matters knowing that you are supported every step of the way.

Next steps

When you are ready to apply for a divorce, the procedure is straightforward:

  • complete the Application for Divorce, available online via the Family Court of Australia page
  • sign the application in the presence of a qualified witness, such a family lawyer
  • ensure you have a copy of your marriage certificate when filing the application with the court. There is also a court filing fee
  • if you have filed a sole application, you will need to serve the application on your spouse. A lawyer can help you with this
  • attend the divorce hearing
  • the Divorce Order will be sent you by the court one month and one day following the Divorce Hearing
  • learn about your options through an obligation free consultation with one of our divorce lawyers in Cairns.

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Frequently Asked Questions

Do you have family lawyers in Townsville?

Absolutely. Our Townsville office provides legal advice and services for all aspects of family law matters. Our divorce and separation lawyers in Townsville will help you understand your entitlements and options. For an obligation-free, initial consultation, please contact our Townsville team on 07 4752 0200.

What’s the difference between legal separation and divorce?

A separation, according to Australian family law, is the act of ending the marriage or de facto relationship. You are therefore no longer considered to be a couple once this has taken place.

A divorce is the formal legal ending of the marriage which follows the separation. The parties involved need to be separated for at least 12 months to show the marriage has broken down.

If you are separated but still married, speak to our team of expert family lawyers to understand any legal issues or implications of remaining married.

What if I can’t afford a divorce lawyer?

We know that going through a divorce can be a challenging time and that the additional financial stress only compounds the situation. This is why we offer payment plans and deferred payment options to ease the financial burden of resolving any family law matters.

We are a locally owned and operated family law firm, who knows that divorce and separation can be challenging for those involved. Contact our friendly Cairns family law team to find out more.

What if I don’t want a divorce?

Although you may not wish to get a divorce, if your spouse wants a divorce and you have been separated for more than a year, then the divorce application will be granted.

If you have not been separated for 12 months and you don’t want the divorce to be granted, you can oppose the divorce order.

What if the other person lives in another state?

If your spouse lives outside of Queensland, you may divorce in either state. However, it will be to your advantage to file an application for a divorce before your spouse, as this will ensure any court proceedings take place in Queensland.

How long does a divorce take?

The process of applying for and then finalising a divorce takes approximately four months, but each case is different, so timeframes can vary, particularly if it is a complicated matter.

Can I get married again straight away?

You must wait until your divorce is final, which is one month after the divorce was granted.

Do you have to change your name after the divorce?

There are no legal requirements to change back to a maiden name. It is entirely up to you. Some people prefer to keep their married surname, particularly if they have built a reputation or a career while using that name. Names are not legal property, so no one can be forced to stop using a particular name.

Changing the surname of any children within the marriage however is slightly more complicated. This requires both parents to consent to the name change and should form part of the Court Order. Both parents will need to sign the change of name at the Registry of Births, Deaths and Marriages. Speak to one of our expert family lawyers to help guide you through this process.

For more information on parenting matters including child support, click here.

Does getting a divorce have any impact on my will or superannuation?

Seek professional advice about your will or super. A divorce will invalidate any gift left to your former spouse in your will. You will also need to review the beneficiary for your superannuation if it is your previous husband or wife.

For further information on property settlements, click here.

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