Filing for divorce can feel overwhelming, especially if you have never dealt with the legal system before. Many people are unsure where to start, what paperwork is required, or how long the process will take. If you are considering divorce in Brisbane, understanding the steps involved can help you feel more prepared and less stressed.
In Australia, divorce is handled under national family law rules, but there are still important details to be aware of when filing in Queensland. Knowing what to expect can help you make informed decisions and avoid unnecessary delays.
Summary: Filing for divorce in Brisbane involves confirming you meet the legal requirements, preparing and lodging an application with the court, and waiting for the divorce to become final. Australia uses a no-fault divorce system, meaning you do not need to prove wrongdoing. The focus is on whether the marriage has broken down and whether proper arrangements are in place for any children.
Understanding Divorce Laws in Australia
Australia has a no-fault divorce system. This means the court does not consider who caused the marriage to end. The only ground for divorce is that the marriage has broken down irretrievably.
To prove this, you must show that you and your spouse have been separated for at least 12 months with no reasonable chance of getting back together.
Separation can occur even if you and your spouse have lived under the same roof, as long as you were living separate lives during that time.
Step 1: Check If You Are Eligible to File for Divorce
Before starting the divorce process, you must meet certain eligibility requirements.
You can apply for divorce if:
- You or your spouse is an Australian citizen, permanent resident, or considers Australia your home
- You have lived in Australia for at least 12 months before applying
- You and your spouse have been separated for at least 12 months
If these conditions are not met, you may need legal advice before proceeding.
Step 2: Decide on a Sole or Joint Divorce Application
You can apply for divorce on your own or together with your spouse.
Sole application
A sole application means one person applies for the divorce. The other spouse must be formally served with the divorce papers.
Joint application
A joint application is made together by both spouses. This option is often simpler, as there is no need for service of documents.
Choosing the right option depends on your relationship with your spouse and your individual circumstances.
Step 3: Complete the Divorce Application
Divorce applications are lodged through the Federal Circuit and Family Court of Australia. The application requires details about:
- Your marriage and separation
- Your children, if any
- Living arrangements and care for children under 18
It is important to complete the application carefully. Errors or missing information can cause delays or require you to refile documents.
Step 4: File the Divorce Application and Pay the Filing Fee
Once completed, the application is filed online with the court. A filing fee applies, although some people may be eligible for a reduced fee based on financial circumstances.
After filing, you will receive a hearing date. In many cases, you may not need to attend court, especially for joint applications without children under 18.
Step 5: Serve the Divorce Papers if Required
If you filed a sole application, you must serve the divorce papers on your spouse. This ensures they are aware of the application.
Service must follow strict legal rules. You cannot personally serve the documents. Instead, service is usually carried out by:
- A professional process server
- A trusted third party over 18
- Post, in some situations
Proof of service must be provided to the court.
Step 6: Attend the Divorce Hearing if Needed
In some cases, a court hearing is required. This is more common when:
- You filed a sole application and have children under 18
- The court needs clarification about separation or service
The hearing is usually brief and focused on confirming legal requirements have been met.
Step 7: Divorce Order Is Made Final
If the court is satisfied, a divorce order is granted. The divorce does not become final immediately.
The divorce becomes final one month and one day after the order is made. At that point, you are legally divorced and free to remarry if you choose.
Important Things to Know After Divorce
Divorce only legally ends the marriage. It does not resolve issues such as:
There are strict time limits after divorce to deal with property and financial matters. Seeking legal advice early can help protect your rights.
Why Legal Advice Can Make the Process Easier
While it is possible to file for divorce without a lawyer, legal advice can help ensure the process runs smoothly. A family lawyer can:
- Confirm your eligibility
- Help prepare accurate documents
- Advise on children and property matters
- Reduce stress and delays
Working with an experienced firm like Simonidis Steel can provide clarity and confidence during a challenging time.
Taking the Next Step with Confidence
Filing for divorce is a significant life step, and it is normal to feel uncertain. Understanding the process can help you feel more in control and prepared for what lies ahead.
Clear advice and support can make a difficult time easier to manage and help you avoid common mistakes.
If you are considering divorce or have questions about family law, contact Simonidis Steel today. Their experienced team can provide clear, practical advice and guide you through each step with care and confidence.
Key Takeaways
- Divorce in Brisbane follows Australia’s no-fault system
- You must be separated for at least 12 months before applying
- Applications can be sole or joint
- Divorce does not automatically resolve property or parenting matters
- Legal advice can reduce stress and protect your interests
FAQ
Do I need to go to court for a divorce?
Not always. Many divorces are handled online without attending court, especially joint applications without children under 18.
How long does the divorce process take?
The process usually takes several months from filing to finalisation, depending on court schedules and whether there are complications.
Can we be separated but living in the same house?
Yes. This is known as separation under one roof. You will need to provide additional information to show you were living separate lives.
Do we need to agree on everything before applying for divorce?
No. Divorce only ends the marriage. Property and parenting matters can be dealt with separately.
