Getting a divorce on the Gold Coast is a straightforward process, but it’s just one part of separating your lives. Here’s what you need to know:

1. Separation: You must be separated for at least 12 months before applying for divorce.
2. Application: File a divorce application online through the Federal Circuit and Family Court of Australia.
3. Service: If it’s a sole application, serve the documents to your spouse.
4. Court hearing: Attend if required.
5. Divorce order: Granted if all requirements are met.

While the divorce itself is simple, the complex aspects (the reason everyone says “divorce” is so stressful) often relate to other aspects such as property settlements (dividing your assets) and parenting arrangements.

We understand these challenges can be emotionally taxing. Our Gold Coast family law professionals provide empathetic, professional guidance through all aspects of separation, ensuring you’re supported every step of the way.

Most family law matters on the Gold Coast are resolved without going to court. In fact, only about 5% of cases in Australia end up in court hearings. At Kingsford Lawyers, we prioritise alternative dispute resolution methods:

1. Negotiation: Direct discussions between parties
2. Mediation: Facilitated by a neutral third party
3. Collaborative law: A team approach to resolution

These methods are often faster, less stressful, and more cost-effective than court proceedings. 

However, some cases, particularly those involving domestic violence or complex property disputes, may require court intervention. 

If court becomes necessary, our experienced Gold Coast family lawyers will represent you at the Southport Court or any court where the hearing is set to take place, ensuring you’re well-prepared and supported throughout the process.

Property settlements in family law on the Gold Coast follow a four-step process established by the Family Court of Australia:

1. Identify and value assets: We’ll help you create a comprehensive list of all assets, liabilities, and financial resources, including property, investments, and superannuation.
2. Assess contributions: The Court considers both financial and non-financial contributions made by each party throughout the relationship. This includes:
   • Direct financial contributions (e.g., income, property brought into the marriage)
   • Indirect financial contributions (e.g., gifts, inheritances)
   • Non-financial contributions (e.g., renovations, homemaking, caring for children at home)
3. Consider future needs: Factors such as age, health, earning capacity, and care of children are evaluated to determine if adjustments are necessary.
4. Ensure fairness: The final step is to assess whether the proposed division is just and equitable for both parties.

Our Gold Coast family law professionals understand that every relationship is unique. We’ll guide you through this process with empathy and professionalism, ensuring your specific circumstances are fully considered.

Our goal is to achieve a fair settlement, preferably through negotiation or mediation, but we’re prepared to represent you in court if necessary.

Remember, there’s no standard 50/50 split in Australian family law. Let our experienced team help you navigate this complex process and secure the best possible outcome for your future.

Our Gold Coast family law experts can assist with various parenting matters:

1. Negotiating parenting agreements: We help draft comprehensive plans covering custody, visitation schedules, and decision-making responsibilities.
2. Resolving custody disputes: Whether you’re seeking more access or protecting your children from an abusive ex-partner, we provide strategic advice and representation.
3. Mediation support: We guide you through family dispute resolution processes, aiming for amicable solutions.
4. Court representation: If necessary, we advocate for your parental rights in the Federal Circuit and Family Court.
5. Modifying existing orders: We can help adjust parenting arrangements as circumstances change.
6. Relocation cases: We assist with applications or objections to moving children away from the Gold Coast.
7. Child support matters: We ensure fair financial arrangements for your children’s care.

Our empathetic approach focuses on your children’s best interests while protecting your parental rights. We strive for solutions that maintain family relationships and minimise conflict, tailored to your unique situation.

A binding financial agreement (BFA) is a legal contract that sets out how a couple’s assets will be divided if their relationship breaks down. BFAs can be made before, during, or after a marriage or de facto relationship. When made before marriage, they’re often called “prenuptial agreements” or “prenups.” and no longer just for celebs.

Key points about binding financial agreements:

1. They can cover property division, financial resources, and spousal maintenance.
2. Both parties must receive independent legal advice before signing.
3. They can provide certainty and potentially avoid costly court battles.
4. They must comply with strict legal requirements to be enforceable.

For Gold Coast couples, BFAs can be particularly useful if:

• One partner has significantly more assets
• There’s a family business to protect
• It’s a second marriage with children from previous relationships

At Kingsford Lawyers, we can help draft, review, or negotiate BFAs tailored to your specific circumstances. Our experienced Gold Coast family lawyers ensure your agreement is comprehensive, fair, and legally sound.

Yes, we are here to protect you. At Kingsford Lawyers, our Gold Coast family law professionals are committed to helping those affected by domestic violence.

We understand the sensitivity and urgency of these matters, particularly given the concerning statistics in our region.

How we can help:

1. Domestic Violence Orders (DVOs): We can assist in applying for, modifying, or responding to DVOs through the Southport Magistrates Court, which houses the specialist Domestic and Family Violence Court.
2. Urgent protection: In cases of immediate danger, we can seek urgent temporary protection orders.
3. DVO breaches: We provide representation if you’ve been accused of breaching a DVO or if someone has breached an order protecting you.
4. Safety planning: We work with you to develop comprehensive safety strategies.
5. Referrals: We can connect you with local support services on the Gold Coast.

The Gold Coast accounts for approximately 23% of Queensland’s domestic violence orders, despite only having 10% of the state’s population and in the 12 months to May 2023, DVO breaches on the Gold Coast surpassed 5,000, a 171% increase since 2015 so it’s sadly a major issue but one our local team understand inside out.

We can help protect you including your rights under the Domestic and Family Violence Protection Act 2012 (Qld) and Family Law Act 1975 (Cth).

For Gold Coast matters, Southport Specialist Domestic and Family Violence Court, established in 2015, deals with both civil and criminal DV matters. This court provides a coordinated, respectful, and fair justice response to domestic violence on the Gold Coast.

At Kingsford Lawyers, we’re committed to providing compassionate, professional support to those affected by domestic violence on the Gold Coast with absolute confidentiality. 

We can handle family law matters for any location in Australia from our Gold Coast office in Ashmore or our Melbourne office.

• We represent clients in all Australian states and territories
• We’re experienced in navigating different state laws and jurisdictions 
• We offer remote consultations for clients unable to visit our offices

Whether your case is on the Gold Coast, interstate, or involves cross-border issues, our team is equipped to provide expert legal assistance tailored to your specific situation.

We also offer a wide range of legal services including updating your will which is also important to consider following a separation.

If your ex-partner is planning to move away from the Gold Coast with your children, they cannot legally do so without your consent or a court order. This applies whether they’re planning to move interstate or overseas or even a long way within Queensland.

Key things to consider:

1. Consent is crucial: Your ex must obtain your permission or a court order before relocating with the children.
2. Distance matters: Even moves within Queensland that significantly impact your ability to spend time with your children may require consent or court approval.
3. International relocation: This is particularly complex, especially given the Gold Coast’s diverse growing population. If your ex is originally from overseas, extra precautions may be necessary if you have reason to believe they may try to take them out of Australia without your consent. It’s much easier to stop this happening (and your rights protected by Australian laws) than resolving it once they are in another country.
4. Existing orders: If there are current parenting orders in place, relocating without consent could be a breach.

If you suspect your ex is planning to move or has already relocated without permission:

• Act quickly: Time is critical in these cases.
• Seek legal advice immediately: Our Gold Coast family lawyers can help you understand your rights and options.
• Consider urgent court action: We can assist in filing for recovery orders or airport watch list placement if necessary.