The Family Law Act 1975 (“the Act”) removed the old grounds for divorce in Brisbane and replaced them with only 1 ground, that is, “the irretrievable breakdown” of the marital relationship. One of the reasons for this was to remove the concept of “fault” from the family law.
If married people separated for a period of 12 months, this is evidence of the irretrievable breakdown of the marital relationship which entitles either party (or both) to apply for a Divorce. Brisbane stationed lawyers are the natural next step after counselling no longer appears to be an option.
However the Act also provides that courts ought as a matter of policy, try to preserve and protect the institution of marriage and assist parties to consider reconciliation. Divorce solicitors Brisbane based understand and support this provision of the law. This policy can also be found in provisions allowing a period of resumption of cohabitation of up to 3 months during which time the 12 months period of separation is suspended, without the parties having to commence the 12 months separation again and with respect to the necessity for parties to undergo counselling before applying for a Divorce in marriages of less than 2 years.
A divorce application can be made jointly by married parties; or by one party who serves their application on the other party. Divorce lawyers Brisbane stationed can easily assist with these applications.
Of the top ten stressful events listed on the original Holmes-Rahe Life Stress Inventory, divorce is listed as the 2nd most stressful life event. A local divorce lawyer Brisbane established can be found to help deal with this difficult time in a systematic and comfortable manner.
Before applying for a divorce, look for a divorce lawyer in Brisbane who is right for you to obtain the best family law advice for your circumstances. Our expert team can help and are waiting for your call.