Divorce – Gold Coast

It is not illegal to apply for a divorce by yourself without the consent of your previous spouse. This process of applying for divorce by a single party is known as a sole divorce application. This application form is submitted if your former partner refuses to get a divorce or you cannot locate your partner.

The other party has the right to know and be informed about the divorce hearing. They are also required to receive, read, and sign the sole divorce application. This process is called “a service of documents.”

If your former spouse refuses to sign the divorce application, that’s fine. We will simply affirm that we gave it to them and proceed with the divorce.

A divorce application can still be submitted even though you live under the same roof. However, you are required to provide supporting affidavits in the divorce application that the court will be satisfied with. Our divorce lawyers at Gold Coast have put together a list of information that must go in the affidavit:

• Sleeping arrangements in place
• Reduction in family activities and outings
• Reduction in performing household chores and duties for each other
• Division of finances – separate bank accounts
• Any other evidence of the marriage being broken could be as simple as informing the extended family.

If you have assets involved in your divorce, it is not dealt with by a divorce. It can be dealt with under a property settlement agreement. If you have assets, we recommend you book in for an Initial Fresh Start Consultation.

If you cannot locate your partner, we will help you find them. We will be required to prove that we have attempted to find your partner.

We have several methods to locate lost partners such as:

• Attending their last known address
• Asking friends and family of your spouse
• Contacting their place of employment
• Post a notice in the newspapers or any other form of social media or traditional media
• Any other methods you have attempted.
• After trying these methods, we are allowed to then apply for substituted services.

We have gone through this exact process with several clients. It is normal to feel overwhelmed and extremely emotional. A divorce is a very stressful, frustrating, and emotional process to go through for both parties.

The divorce application fee varies, and our fees vary depending on your situation. The benefit of going through us is the ability to pay both the divorce application fee and the fee for our time via instalments.