Going through a divorce can be an emotionally challenging time, and knowing how long the process might take can help ease some of the uncertainty. If you’re considering divorce in Brisbane, it’s important to understand the steps involved and the factors that can influence the timeline.
In this blog, we’ll explore the key stages of the divorce process in Brisbane, how long each stage typically takes, and what you can do to ensure the process runs as smoothly as possible.
Understanding the Basics: How Does Divorce Work in Brisbane?
In Australia, divorce is handled under the Family Law Act 1975, which applies uniformly across all states and territories, including Queensland. The divorce process in Brisbane is managed by the Federal Circuit and Family Court of Australia, and it primarily focuses on the legal end of the marriage.
It’s important to note that divorce is separate from other family law matters like property settlements and parenting arrangements. These issues are handled separately and can affect the overall timeline of finalising everything after separation.
What Are the Requirements to Apply for Divorce in Brisbane?
Before diving into the timeline, it’s crucial to understand the legal requirements you need to meet before applying for a divorce:
- 12-Month Separation: You must be separated from your spouse for at least 12 months before you can apply for a divorce. This separation can occur even if you’re still living under the same roof, provided you’re no longer living as a couple.
- Australian Citizenship or Residency: You or your spouse must be an Australian citizen, live in Australia, or consider Australia your permanent home.
- Proof of Irretrievable Breakdown: The only ground for divorce in Australia is the irretrievable breakdown of the marriage, demonstrated by the 12-month separation.
Once you meet these requirements, you can begin the divorce application process.
How Long Does the Divorce Process Take in Brisbane?
Now that we’ve covered the basics, let’s break down the timeline for the divorce process in Brisbane.
1. Filing the Divorce Application (1-2 Weeks)
The first step is to file your divorce application online through the Commonwealth Courts Portal. You can file a sole application (if only one person wants the divorce) or a joint application (if both parties agree).
- How long does this take?
Preparing and submitting the application typically takes 1-2 weeks, depending on how quickly you gather the necessary documents, such as your marriage certificate.
2. Serving Divorce Papers (2-4 Weeks for Sole Applications)
If you file a sole application, you’ll need to serve divorce papers to your spouse. This means officially delivering the documents so they are aware of the proceedings. This can be done through a process server, post, or in person.
- How long does this take?
Serving papers usually takes 2-4 weeks. If you know your spouse’s whereabouts, the process is straightforward. However, if your spouse is difficult to locate, it can take longer and may require additional legal steps like applying for substituted service.
3. Waiting for the Court Hearing (2-3 Months)
Once your application is filed and your spouse has been served (if applicable), the court will schedule a hearing date. The waiting time for a court date can vary depending on how busy the court is.
- How long does this take?
Typically, you’ll wait 2-3 months for your court hearing in Brisbane. If you’ve filed a joint application and there are no children under 18 involved, you may not need to attend the hearing. However, if you’ve filed a sole application and have children under 18, attendance is usually required.
4. Court Hearing and Granting of Divorce (Same Day)
At the court hearing, the judge will review your application and ensure that all legal requirements have been met. If everything is in order, the divorce will be granted.
- How long does this take?
The court hearing itself is usually quick, often taking less than 30 minutes.
5. Finalisation of Divorce (1 Month After the Hearing)
Once the court grants your divorce, it becomes final one month and one day after the hearing. You’ll receive a divorce order as official proof of the legal end of your marriage.
- How long does this take?
Your divorce will be finalised exactly one month and one day after the court hearing. This waiting period is standard and allows for any appeals to be lodged, although appeals are rare.
So, What’s the Total Timeline for a Divorce in Brisbane?
Here’s a general breakdown of the timeline from start to finish:
- Preparing and filing the application: 1-2 weeks
- Serving divorce papers (if applicable): 2-4 weeks
- Waiting for a court hearing: 2-3 months
- Finalisation after hearing: 1 month and 1 day
In total, the divorce process typically takes around 4-6 months from the time you file the application to when it is finalised. However, this can vary depending on individual circumstances, such as the complexity of the case, how quickly documents are prepared, and court availability.
What Factors Can Delay the Divorce Process in Brisbane?
While many divorces follow the standard timeline, several factors can cause delays:
- Difficulty Serving Papers: If you’re unable to locate your spouse, you may need to apply for substituted service, which can extend the timeline.
- Disputes Over Children or Property: Although divorce is separate from custody and property matters, disagreements in these areas can complicate proceedings.
- Incomplete or Incorrect Paperwork: Errors in your application can lead to delays, as the court may require corrections or additional documents.
- Court Backlogs: The availability of court dates can vary, especially during busy periods.
How to Speed Up the Divorce Process
While some delays are unavoidable, there are steps you can take to ensure the process moves as quickly as possible:
- File a Joint Application: If you and your spouse are on amicable terms, a joint application can streamline the process and reduce the need for court attendance.
- Ensure Accurate Paperwork: Double-check all forms and documents before submission to avoid unnecessary delays.
- Seek Legal Advice: A divorce lawyers Brisbane can help you navigate the process smoothly, ensuring that everything is completed correctly and efficiently.
From Filing to Finalisation
The divorce process in Brisbane typically takes around 4-6 months from the time you file your application to when it is finalised. While the process involves several steps—including filing the application, serving papers, attending a court hearing, and waiting for the final order—being organised and informed can help ensure everything moves smoothly.
At Simonidis Steel Lawyers, we understand that divorce can be a difficult time. If you’re considering divorce or need advice on family law matters, contact Simonidis Steel Lawyers today. Let us help you move forward with clarity and confidence.
