Divorce Lawyers Brisbane
Clear Direction Through Divorce and Separation
Separation and divorce can bring a great deal of uncertainty, particularly where there are children, property, financial commitments or a family business involved.
At Daykin Family Law, our divorce lawyers in Brisbane provide clear, practical advice to help you understand your options and take the next step with confidence. We can assist with divorce applications, separation issues and the other family law matters that often need to be addressed after a relationship ends.
It is important to understand that divorce is the legal end of a marriage. It is separate from arrangements about children, property settlement, child support and spousal maintenance. We can provide advice across these issues, so you have a clear picture of what needs to happen now and what should be considered next.
Divorce and Separation: What Is the Difference?
Separation occurs when one or both people decide that the relationship has ended and communicate that intention to the other person. You do not need to register your separation.
Divorce is the legal dissolution of a marriage. In Australia, a divorce application can generally be made once you have been separated for at least 12 months and one day, provided the Court is satisfied that there is no reasonable likelihood of reconciliation.
You can be separated even if you continue to live in the same home. However, this may require further information and evidence to be provided with a divorce application. If you are separated but still living together, our lawyers can provide advice about the practical steps and evidence that may be relevant to your circumstances.
See pur article on Proving That You Are Separated and Living Together
How Our Divorce Lawyers Can Help
Every separation is different. Some people need assistance preparing or responding to a divorce application, while others need broader advice about the financial and parenting issues that follow separation.
Our Brisbane divorce lawyers can assist with:
- advice about whether you are eligible to apply for divorce;
- sole and joint divorce applications;
- service requirements for sole applications;
- separation under one roof;
- divorce applications where one party is overseas or cannot be located;
- advice about divorce where there are children under 18;
- property settlement and financial issues after separation;
- parenting arrangements and child custody;
- child support;
- spousal maintenance; and
- resolving issues through mediation and family dispute resolution where appropriate.
We provide honest, direct and practical advice tailored to your circumstances. Where a matter can be resolved efficiently and amicably, we will help you work towards that outcome. Where more formal action is required, we can guide you through the process.
Applying for Divorce in Australia
A divorce application can be made jointly with your spouse or as a sole application. A joint application is made together. A sole application is made by one person and usually requires the other party to be formally served with the application.
The Federal Circuit and Family Court of Australia determines divorce applications. Court attendance is not required in every matter, but is generally required where a sole application is made and there are children of the marriage under 18.
For a general overview, read our guide:
Applying for a Divorce – What Do I Need to Know?
Divorce Does Not Finalise Property or Parenting Matters
A divorce order does not automatically divide your property, determine parenting arrangements or resolve child support. These matters need to be dealt with separately.
This is particularly important because time limits can apply after a divorce becomes final. If you are concerned about your financial position, property, superannuation or ongoing support, it is sensible to obtain advice before or around the time you apply for divorce.
You may also find these pages helpful:
Speak With a Divorce Lawyer in Brisbane
You do not need to have every issue resolved before you obtain legal advice. At Daykin Family Law, we can help you understand the divorce process, identify the issues that need attention and provide focused direction towards a practical next step.
Appointments are available at our Fortitude Valley office, by phone or by video conference.
Divorce FAQ’s
To obtain a divorce in Queensland, you must submit a divorce application alone (sole application) or with your spouse (joint application). If you file a sole application, you must also serve it to your spouse. Court attendance is only necessary if you have requested it in the application or if you filed a sole application and have a minor child from the marriage.
Additionally, if you are submitting additional affidavit material, it is recommended that you attend court and bring a copy of your application and other relevant documents.
To change your name, if you were married in Australia and wish to revert to your maiden name, update your personal accounts with relevant organisations. If you were married outside of Australia, register your new name with the Registry of Births, Deaths, and Marriages. What to find out more? Read our blog on how to get a divorce.
The time it takes to get a divorce in Australia varies depending on the circumstances of the case. Generally, it takes around 4-6 months from the date of filing the application to the finalisation of the divorce.
However, if there are disputes over property or children, or if the divorce is contested by one of the parties, the process may take longer. Additionally, if there are delays in serving the divorce application to the other party or delays in obtaining necessary documents, the process may also be extended.
Yes, it is possible to get a divorce without a lawyer in Australia. Many people choose to represent themselves in the divorce process.
However, it’s worth noting that while you can file the divorce papers and represent yourself, it’s always a good idea to seek legal advice, especially if you have children or property involved.
It’s important to understand your rights and obligations in the process and ensure that you have a fair outcome.
You can apply for divorce in Australia if you meet the following criteria:
Separation: You and your spouse must have been separated for at least 12 months. This separation can occur under the same roof if certain conditions are met.
2 Years: If married for less than two years, you need a counselling certificate to file for divorce.
Marriage Breakdown: The marriage must be considered irretrievably broken down, with no reasonable likelihood of reconciliation.
- Married Overseas: If married overseas, you can apply for a divorce in Australia if you or your spouse regard Australia as home, are an Australian citizen, or have lived in Australia for 12 months prior to filing. Proof of citizenship or residency is required.
If these conditions are met, you can apply for divorce by completing and lodging an Application for Divorce with the Federal Circuit and Family Court of Australia.
Have an enquiry?
Please fill out this form and one of our team will be in touch with you as soon as possible.
Our Location
Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
