Divorce and Nullity proceedings
At Trianon Law we have experience in dealing with relationship breakdowns and advising you on your best options in terms of divorce or an annulment.
In Queensland, divorce is the most common practice once a marriage has broken down. Once you have been separated for 12 months you are able to dissolve your marriage by way of divorce.
An alternative method is nullity of a marriage, this refers to an Order of the Court stating that the marriage never existed.
Within Australia, an annulment is quite difficult, as it requires proving that a marriage did not legally take place and/or never existed.
The Family Court of Australia may declare the marriage to be invalid if:
- One or both parties were already married
- One or both parties were underage at the time of the wedding and did not have the required approval
- There was some form of duress
If you have recently experienced a relationship breakdown and would like advice on your options moving forward, contact one of our friendly family law solicitors today
Family related disputes are never simple. Unfortunately, the Court process for family disputes can be a lengthy and expensive process. Family mediation is an alternative cost friendly method to resolving your dispute or conflict.
Mediation involves an independent third person (a mediator) sitting down with you and the other side to discuss the legal issues of your settlement. The mediation process allows you and the other side an opportunity to set out proposals, consider options and attempt to reach a mutually beneficial agreement.
Although family mediation may not resolve all issues, it can be beneficial in understanding where the other side is coming from.
Contact our experienced family law solicitors if you have recently separated from your partner, or you are experiencing issues with a family member and cannot agree on any of the following matters:
- Property settlement
- Parenting Plans
- Child Support
- Intergenerational conflict
At Trianon Law we understand how painful a separation can be, especially when children are involved. During these times, it is important that supporting the children is at the forefront of everyone’s minds.
A parenting plan is a voluntary agreement covering responsibilities of each parent, practical consideration of the child’s day to day life, and terms of how the parents will decide on long term issues about their children. Parenting plans are not legally binding and can be adjusted at any time with both parent’s consent.
The Family Court encourages arrangements for children to made without involving the Court, however, you may request that the parenting plan is later made into parenting orders so that the arrangements are legally binding.
Under the Family Law Act 1975, the parenting plan must address the care, welfare and development of the child. You may wish to include the following within your parenting plan:
- How you will share parental responsibility and make decisions
- Who the child will live with
- What time the child will spend with each parent
- What time the child will spend with other people, such as grandparents
- How the child will contact each parent
- What arrangements will be made on special days, such as birthdays and holidays.
If you or a family member require assistance with developing a Parenting Plan, contact our office today.