Divorce Lawyers
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Trusted Divorce Lawyers in Caloundra – Expert Legal Support
Going through a divorce can be an incredibly difficult time in one’s life. If you’re currently dealing with the challenges of separation and are looking for a solution that protects your rights and future, Ferrall & Co. can help.
We specialise in assisting with both the emotional and legal aspects of divorce and are here to support you.
Our Divorce Services
- Divorce applications and eligibility assessment
- Divorce consultations
- Child custody arrangements
- Child support agreements
- Parenting plans
- Property settlements
Our divorce lawyers in Caloundra are dedicated to supporting couples going through a divorce and legally managing an appropriate property settlement. We can also help families negotiate child support and organise parenting arrangements.
We want to help our clients understand and feel sure about the challenges of getting a divorce. We will speak up for what is best for them at every stage of the process.
Divorce Requirements
To make an Application for Divorce in Australia;
- The married couple must have been separated for at least 12 months;
- One of the parties must regard Australia as their home and intend to reside in Australia permanently;
- One of the parties must be an Australian citizen by birth, decent or grant of Australian citizenship;
- The couple must have lived in Australia and done so for 12 months immediately before applying for a divorce.
Relevant documentation
Marriage certificate
You'll need your marriage certificate. A translated version from an accredited translator is necessary if your marriage certificate is in a foreign language.
Proof of jurisdiction
In some cases, you might also need to show proof of citizenship or permanent residency. If you cannot produce these documents when needed, the Australian Family Law Court may not have the jurisdiction to grant your divorce.
Certificate of counselling
For those married less than two years, a counselling certificate is required. This certificate confirms you have gone through the mandated counselling sessions before applying for a divorce. Having these documents ready makes the process smoother.
Why do you need a divorce lawyer?
We Are Here Help You
Legal Expertise
Divorce can be overwhelming, but we handle the legalities for you.
Stress Reduction
By managing the process and avoiding common pitfalls, we help reduce the stress and uncertainty of divorce.
Guidance Through the Process
Our divorce lawyers simplify the divorce process, ensuring you’re clear and comfortable every step of the way.
Fair Settlements
We work hard to ensure a fair division of assets and suitable parenting arrangements, protecting your interests.
Our Process
Schedule a Free Consultation
Start with a free consultation where we listen to your story, understand your situation and provide an outline of our assistance. This initial step ensures that you feel heard, supported, and empowered.
Plan Your Path Forward
Together, we’ll create a clear, personalised plan for your needs. This step removes the guesswork and gives you a roadmap, showing exactly how we’ll handle your situation.
Let Us Handle the Legal Work
With the plan in place, you can rest easy knowing that we will handle all the legal details for you. From filing paperwork to negotiating on your behalf, we work tirelessly to secure the best outcome, allowing you to focus on moving forward with your life.
Why Choose Ferrall and Co. Lawyers?
Our divorce lawyers provide a simple and supportive path to a fair resolution, ensuring you feel understood and valued.
Expertise Across Various Domains
Local Presence
As committed divorce lawyers, we understand the local nuances and legal landscape, ensuring our clients receive tailored advice and representation.
Client-Centric Approach
A Team You Can Trust
Our Partnerships
Meet Rowena Ferrall
After completing a Bachelor of Laws at James Cook University in Townsville in 2002, Rowena completed her initial legal training at the Aboriginal & Torres Strait Islander Legal Service (ATSILS) in Townsville. She then finalised her Post Graduate Diploma through the Australian National University in Canberra in 2004, the same year she qualified to practice as a solicitor.
Rowena is admitted to practice in Queensland and in the High Court of Australia, allowing her to appear in all Courts in Queensland as well as Federally based Courts across the country.
Rowena has worked in Townsville, the Sunshine Coast and Brisbane in general litigation since her admission in 2004. After working as a generalist for several years, Rowena decided that she could best serve her community by opening her own boutique legal practice with a relaxed approach to client consultations, a manageable fee structure, as well as incorporating two furry friends who provide additional support for clients when in need.
What Our Clients Say
Are you feeling overwhelmed by the challenges of your divorce process?
Other Family Law Services
Divorce
When a married couple’s relationship breaks down due to issues that cannot be resolved, the couple has a right to divorce according to Australian law.
Parenting Arrangements
Ferrall & Co. are passionate about supporting families and seeing the best outcomes achieved, especially for the children involved in a family separation.
Property Settlement
When couples separate, they need to fairly divide their property that they acquired during their relationship. Property in this case doesn’t just mean real estate.
De Facto
If you have been in a relationship where you were not legally married, you may be considered a de-facto couple.
Same Sex Rights
Under the Family Law, same sex couples have the same rights in both de facto relationships and in marriage as heterosexual couples.
Here For You
We Want To Help
Don’t let the legal process overwhelm you and hinder your path towards a positive future.
Our divorce lawyers in Caloundra can help you move forward confidently. Feel comfortable in our welcoming office environment, and we will give you the guidance you need to apply for and finalise your divorce.
Book an obligation-free meeting so we can discuss your options and the range of family law services we offer. Rest assured, we set fixed fees for divorce cases, so you won’t be surprised with an unexpected bill.
We’re here for you every step of the way.
Where's your life right now?
Without Legal Guidance
- DIY could lead to long-term consequences
- You may be disadvantaged in legal negotiations without skilled negotiators, potentially leading to less favourable terms or settlements.
- The emotional burden of facing legal challenges without support can be overwhelming, affecting mental health and overall quality of life.
- You may miss critical legal nuances and rights, leading to missed opportunities for a more favourable resolution or making costly mistakes in your legal approach.
With Ferrall & Co.
- Improve your chances of achieving favourable outcomes in your legal matters with strategic and effective representation.
- Receive legal protection and advocacy to safeguard your rights and interests throughout the legal process.
- Save time and resources with efficient legal processes and solutions designed to minimise the duration and cost of your legal issues.
Reclaim Your Future
Step 1
Step 2
Step 3
Our Service Areas
Call for In-House Services
- Sunshine Coast
- Caloundra
- Aroona
- Baringa
- Wurtulla
- Caloundra West
- Currimundi
- Golden Beach
- Moffat Beach
- Pelican Waters
- Little Mountain
Contact Us.
Ready To Get Started?
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back.
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Frequently Asked Questions
What are the different types of divorce applications?
- Joint Application
Joint applications are where the parties apply for a divorce together, often with the assistance of divorce lawyers. The applicant must register with the Commonwealth Court Portal to apply online.
After filling out the divorce application form, print out the Affidavit for Efiling. Both parties must sign the affidavit in the presence of a Justice of the Peace (JP). JPs can be found at the Caloundra library at specific times.
Upload the signed affidavit and submit the application along with all relevant documentation. A divorce lawyer can assist in ensuring all documents are correctly prepared and submitted.
A filing fee is payable on submission. You may be eligible for a fee reduction if you qualify under financial hardship rules.
The divorce order will be enacted one month and one day after submission.
- Sole Application
If you make a sole application, you must serve the divorce documents on your former partner. The documents you must serve are the following:
- Application for Divorce: This is the primary document that outlines the request for the dissolution of the marriage. A Notice of Application For Divorce must be attached to the front.
- Affidavit of eFiling: Only the applicant must sign this affidavit if filing a sole application.
- Marriage, Families, and Separation Brochure: This brochure provides information about the family law system in Australia, including services provided by the Family Court and Federal Circuit Court.
- Acknowledgment of Service (Divorce): This form is used by the respondent (the spouse being served) to acknowledge that they have received the divorce application.
Once the respondent signs the Acknowledgment of Service, the server must complete an Affidavit of service by hand. This document provides evidence that the divorce application and other documents were personally served to the respondent. Consulting with divorce lawyers can be crucial in such situations to ensure legal compliance.
An authorised third party must serve the documents. You must not serve the papers yourself. A server must be over 18 and may be a family member or friend. You may also use a professional process service available in the Caloundra area.
If you cannot locate your spouse, you may be able to apply for substituted service or dispensation of service. In these complex scenarios, the guidance of a divorce lawyer can be invaluable in navigating the legal requirements and options available.
- Substituted Service
The applicant may face challenges such as the respondent being difficult to locate or evading service. In these cases, they can apply to the Court for an order for substituted service. This order allows the applicant to serve the documents in an alternative manner, which might include:
- Email: Sending the documents to the respondent’s known email address.
- Post: Mailing the documents to the respondent’s last known address or place of employment.
- Another Person: Delivering the documents to someone in regular contact with the respondent, like a family member or close friend.
- Publication:The Court might allow service by publication in a local Caloundra newspaper that the respondent is likely to read.
The primary goal of substituted service is to ensure that the respondent is made aware of the divorce proceedings, even if traditional service is infeasible.
The Court will typically grant an order for substituted service only after the applicant has made genuine attempts at standard service. The applicant must demonstrate that the alternative method will likely bring the proceedings to the respondent’s attention.
- Dispensation Of Service
The Court may waive the requirement to serve the respondent under certain circumstances. If the applicant has made all reasonable attempts to serve their spouse, the Court may grant that they can proceed with a divorce application without taking further action.
In such cases, it’s advisable to consult with divorce lawyers who can provide expert guidance on how to navigate this exception.
We're separated but still living together. Does that count?
While you need to have been separated from your partner for at least 12 months before making an application for divorce, you can still be living under the same roof for financial reasons. You may regard your marriage as over but continue to live in the same residence.
Who can make the application for divorce?
An application for divorce can be made by you or your spouse, or it can be made jointly. If you are making the application on your own, you will need to satisfy the Court that your spouse has been properly served and is on notice of the application.
What happens when there are children involved in a divorce?
If you have children under the age of 18 years, you will be required to attend Court for the hearing of the application. The Court will need to be satisfied that proper arrangements have been put in place for the children. See our page on Parenting agreements and orders.
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