Separation & Divorce
Specialising in all aspects of separation and divorce law
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Separation | Divorce Lawyers
Sambanis Family Law provides dedicated expertise in separation and divorce law.
Separation & Divorce
Sambanis Family Law’s specialist separation and divorce lawyers will assist you in fully understanding your legal position and work collaboratively with you to ensure you achieve the best possible outcome from your separation or divorce.
Whilst separation in Australia requires no formal legal process, there are particular rules surrounding the division of property and assets that should be understood before, or as soon as possible after, you embark on this process. Whether the result of your relationship breakdown is a de facto separation or marriage separation will require different legal treatment and we suggest that you discuss this with us prior to finalising any arrangements with your former partner or spouse.
Process for Divorce
You can apply for a divorce either on your own (sole application) or together with your spouse (joint application).
A sole application does not require your spouse to sign the divorce application but you will need to ensure they are served with the application; and you will need to attend court if there are any children to the marriage that are under the age of 18.
A joint application requires both you and your spouse to sign the divorce application.
Sambanis Family Law are here to assist you through this process and will ensure that any complications are dealt with professionally and efficiently, minimizing the stress placed on you and your family during this difficult time.
Divorce eligibility
In order to apply for a divorce in Australia, you must be eligible to do so.
That means:
- You must be an Australian citizen; or were born in Australia; or were born outside Australia but one parent was an Australian citizen at the time of your birth and your birth is registered in Australia; and
- There is no reasonable likelihood that you and your spouse will reconcile; and
- You have been separated for at least 1 year and 1 day; and
- You have a marriage certificate.
Whilst the above means that you should be eligible for a divorce, there may be complicating factors to resolve if, for example:
- You have been married for less than two years;
- You and your spouse are still living together;
- You are unaware of your spouse’s location; or
- The name you currently use is different from your married name.
Property & Parenting
It is important to note that whilst being granted a divorce will formally end your marriage, it will not provide a formal agreement concerning the division of property and possessions, or the parenting of your children.
Once your divorce is finalised, you will have 12 months (or 2 years from separation for de facto couples) to formally finalise the division of property assets between you and your former spouse. This can be a stressful experience and it is not always clear exactly what property is to be divided or where the ownership of that property resides. There are many complicating factors that may work in your favour or against you and we strongly suggest that you seek our advice regarding your property division to ensure that your interests are protected and you are able to move forward in the strongest possible way.
Whilst a divorce application will ask for details regarding your children and parenting, this is not an enforceable agreement between you and your former spouse. Plans and views change over time and it is essential, for your well-being and the well-being of your children, that formal parenting arrangements are put in place after any separation.
Our happy clients
We’ve helped thousands of people move forward
At Sambanis Family Law, we understand how difficult separation and divorce can be. It is emotionally and psychologically draining, and it can be difficult to know who to trust or what to do. We are here to help you.
Lisa N
Professionalism, Quality, Responsiveness, Value
★★★★★ 5/5
I can never put into words how grateful I am to have had Marie and her team with me through a very dark time in my life . Marie was strong when I couldn’t be and kind when I was frustrated with my situation. I felt like I was heard and understood and we got the best results which gave me and my boys a great start to our new beginning. I can not recommend Sambanis family law enough. I am truly grateful to Marie.
John P
Professionalism, Quality, Responsiveness, Value
★★★★★ 5/5
Marie and the team at Sambanis Family Law were great to work with through a difficult property settlement issue. I would wholeheartedly recommend Sambanis Family Law to anyone in need of family law services.
Candice H
Professionalism, Quality, Responsiveness, Value
★★★★★ 5/5
I recall seeing tears in their eyes as they walked my journey with me. They care. They are there doing the tough stuff with you to try and sort through the mess that can become your reality when separations don’t go amicably. Thanks your support has been highly valued.
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Trust is the cornerstone of our law practice. Excellence is our creed. Achieving the best outcome for our clients is what drives us to be the best family lawyers in Brisbane, and the best family law firm in Australia.