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 apply for a divorce, you must satisfy the Court that your marriage has broken down irretrievably. In most cases, this means you and your spouse have been separated for at least 12 months and one day, with no reasonable likelihood of resuming your relationship.
You can apply for divorce on your own through a sole application or together with your spouse through a joint application. If you are unsure whether you meet the requirements, our Brisbane divorce lawyers can provide advice tailored to your circumstances.
For a more detailed overview, read Applying for a Divorce – What Do I Need to Know?
Yes. It is possible to be separated while continuing to live in the same home. This is often referred to as separation under one roof.
However, if you have lived together for some or all of the 12-month separation period, the Court may require further evidence that the relationship had ended. This may include information about changes to your sleeping arrangements, finances, household responsibilities and social life.
If you are separated but still living together, it is important to obtain advice before filing your application.
Read more: Proving That You Are Separated and Living Together.
A joint application is made together with your spouse. Both parties sign the application and there is generally no requirement to serve documents on the other person.
A sole application is made by one spouse. The other spouse does not need to agree to the divorce, but they must usually be formally served with the application and supporting documents.
The most appropriate option will depend on your circumstances, including whether you are able to communicate with your spouse and whether you know where they are living. Our divorce lawyers can help you understand the process and prepare the required documents.
Not necessarily. Divorce applications are determined by the Federal Circuit and Family Court of Australia, but many matters can be dealt with without either party attending a hearing.
Whether attendance is required will depend on the type of application, whether either party requests to attend and whether the Court needs further information before making a decision. If your matter involves separation under one roof, difficulties serving your spouse or other complexities, legal advice can help you prepare appropriately.
You are not required to have a lawyer to apply for divorce. Some people choose to prepare and file their own application, particularly where the divorce is straightforward and made jointly.
However, legal advice can be valuable where you are making a sole application, have been separated under one roof, cannot locate your spouse, have been married overseas, or are unsure how divorce affects your financial position.
It is also important to remember that divorce does not finalise arrangements about property, children or financial support. Daykin Family Law can provide clear direction about the issues that may need to be addressed alongside, or after, a divorce.
Yes. You do not need your spouse’s agreement to apply for divorce. You can make a sole application, provided you meet the legal requirements and properly serve the application on your spouse.
Your spouse may respond to the application, but the Court’s focus is generally on whether the legal requirements for divorce have been met—not who was at fault for the breakdown of the marriage.
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Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
