Divorce Lawyer Brisbane: Making Sense of Separating
Divorce can be a confusing process to navigate alone without a divorce lawyer. Brisbane family law firm, HCM Legal, is with you every step of the way. We guide you through the process, making sure you have all your bases covered so that everything runs smoothly with no nasty surprises.
Hiring a Divorce Lawyer in Brisbane
An experienced divorce lawyer is also referred to as a family lawyer and deals with the legalities concerning family matters that require legal intervention. Parting company with your spouse can quickly become complicated when it comes to dividing up assets, maintenance payments, who gets custody or visitation rights, property rights etc. This is when having someone who is looking after your best interests is crucial.
Many couples in Queensland quickly realize the benefit of hiring experienced Brisbane divorce lawyers to manage these intricacies and seek a fair outcome once they start the divorce progress.
Some areas where people may benefit from having this specific kind of lawyer includes:
Adoption
Child custody issues
Guardianship
Paternity
Spousal maintenance
Take a 15 minute FREE Telephone Consultation*
The fee for the initial consultation is waived on condition that we are engaged as legal representative. Only applicable for Family Law matters.
“Parting company with your spouse can quickly become complicated when it comes to dividing up assets, maintenance payments, who gets custody or visitation rights, property rights etc. This is when having someone who is looking after your best interests is crucial.”
Why people love HCM Legal
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We’ve had such great feedback from our happy clients thanking us for helping them through their personal circumstances.
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FREE 15 Minutes Family Law Initial Consultation
The fee for the Family Law initial consultation is waived on condition that we are engaged as legal representative.
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HOW A DIVORCE LAWYER CAN HELP
Divorce can be distressing
A family lawyer can help to make separating less stressful. Ending a relationship is one of the most distressing experiences most people encounter in their lifetime. Seeing a lawyer in the middle of it can be daunting, especially at a time when you are already feeling vulnerable and under pressure.
Divorce Preparation
We will see to it that you’re well prepared from the outset, so you can get maximum value from your meetings with us and focus on what you need to do, such as getting paperwork together. With clear communication, there should be no unexpected surprises requiring expensive court proceedings that we could have avoided.
Documents Required for Divorce
Before making contact with our experienced and trusted divorce lawyers in Brisbane, try to gather as much information about your finances from bank statements, credit card bills etc. We need to know where you stand financially when discussing matters such as maintenance or distribution of assets in settlement agreements. That’s why it pays to get ready before meeting up with us, so we know what questions need answering from both perspectives (yours and theirs) without wasting valuable resources unnecessarily.
THE DIVORCE PROCESS
How can i apply for divorce
Divorce is when two people officially end their relationship as spouses by either getting an annulment or waiting 12 months after being separated before applying for divorce papers (assuming neither party has found someone new).
No Fault Divorce
The only requirement you actually need to get divorced—as opposed say those who are unable to because of cultural reasons such as interfaith marriages which require a religious court’s approval—is proving that your union has irretrievably broken down. There is no need to apportion blame as the courts are not interested in why your marriage has broken down, only that it has.
Separation Prior to Divorce
In order for a marriage to be legally “broken,” the couple must live in separate places for at least one year. One spouse does not have to apply or file anything with their local state government; they just need to show that there is no chance of reconciliation and continue living separately from the other person.
Divorce can be overwhelming
The divorce process may be overwhelming, but our divorce lawyers in Brisbane can take the strain, guiding you through the process to help you reach a satisfactory conclusion.
Take a 15 minute FREE Telephone Consultation*
The fee for the initial consultation is waived on condition that we are engaged as legal representative. Only applicable for Family Law matters.
Court Hearing
You don’t have to attend court for all divorces, but you may want to consider hiring a divorce lawyer in Brisbane if:
You and your former spouse have children together under the age of 18
Your spouse has objected to the divorce order
You did not fill out the Application jointly with your spouse
Divorce is Not the Only Thing You Need to Do
OTHER FAMILY LAW ISSUES ASSOCIATED WITH DIVORCE
A divorce is not just about ending your marriage on paper. There are other issues you will need to settle as a result of your divorce. This is where the services of an experienced Brisbane divorce lawyer can be invaluable in areas such as:
Property Settlement
Property settlement is the process of dividing up your property once you have separated.
The family law courts adopt a very specific process in determining how parties’ assets will be divided. They examine existing legal interests and identify If any adjustments are reasonable with regards to equitable distribution. As well as considering the future needs of each party, they take into account factors such as age, earning capacity, health and the care of children.
Spousal Maintenance
Spousal maintenance is financial support that one spouse pays to the other party. In Queensland, it is not an automatic right, but it may be awarded by the court as part of the separation proceedings. Our divorce lawyers in Brisbane can assist you with dispute resolution services, as the court requires you make an effort to resolve disputes before proceedings are initiated.
In reaching a decision the court will consider whether the applicant can adequately provide for themselves without assistance, whether they have custody or access to any children that came out of this relationship; how much work experience they’ve had previously; what stage in life they are at now (e.g. retired) etc.
Care Arrangements for Children and Child Support
If you and your spouse have children, it is important to clearly establish where the kids will be living during school terms, holidays or special days. You may also need a custody agreement in place before having the conversation with your child about who they want to live with most of the time.
The paramount consideration for a court is what arrangement is in the best interests of the children. If you are unable to agree an arrangement with your spouse, attending family dispute resolution will be the first step in trying to resolve your differences.
Once a legal agreement is reached, a parent cannot infringe upon another’s right by having them visit more than half-time if it’s not in that child’s best interests.
Child support is an amount of money paid by one or both parents to the other for the financial support of children until the child turns 18 years old.
Services Australia will assess any potential payments and make a recommendation based on what they consider fair, according to state guidelines, although there is a review process if you do not agree with the assessment.
Family law is a difficult and personal matter. It can be hard to know what steps you need to take in order for your family situation to improve. By hiring the best divorce lawyer you can afford, you will have someone in your corner who has your best interests at heart. Get in touch with an experienced divorce lawyer in Brisbane. Contact HCM Legal today.
Take a 15 minute FREE Telephone Consultation*
The fee for the initial consultation is waived on condition that we are engaged as legal representative. Only applicable for Family Law matters.
Testimonials
Wonderful to have a legal firm like HCM Legal covering your back. Quite professional.
Haatsari is a beautiful lady with a loving caring nature & will always go the extra mile for you.
A woman who has gone beyond the imagination of most people and can thoroughly do her job professionally and to one’s satisfaction! Keep flying, the sky is the limit!
Haatsari is extremely professional and goes above and beyond for her clients. Would definitely recommend to anyone seeking legal advice.
HC Marunda was a dedicated and reliable advocate. She was available to answer all my questions and gave me sound guidance that I needed in a domestic violence situation. She gave advise that was timely and relevant to my situation and empowered me to fight for my child and for my own rights.
