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. Whether you’re facing a contested divorce or working toward an amicable divorce, understanding the divorce timeline is crucial.
If you’re considering divorce in Brisbane, it’s important to understand the steps involved, including submitting an application for divorce, meeting the residency requirement, and potentially appearing in the family law court or district court, depending on your circumstances.
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 proceedings in Brisbane are managed by the Federal Circuit and Family Court of Australia, with some cases also being heard in the district court or supreme court, depending on complexity.
The court primarily focuses on the legal end of the marriage, but it’s also essential to understand the residency requirement that must be met before filing your application for divorce.
It’s important to note that divorce is separate from other family law matters like property settlements, child custody, and custody arrangements. These issues are handled separately and can affect the overall divorce timeline, especially in more complex contested divorces.
What Are the Requirements to Apply for Divorce in Brisbane?
Before diving into the divorce timeline, it’s crucial to understand the legal requirements you need to meet before lodging an application for divorce:
- 12-Month Separation Agreement: You must be separated from your spouse for at least 12 months before applying for a divorce. This separation agreement can apply 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. This satisfies the residency requirement for divorce in the country.
- 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 application for divorce process through the family law court or the online portal managed by the Federal Circuit and Family Court.
How Long Does the Divorce Process Take in Brisbane?
Now that we’ve covered the basics, let’s break down the divorce timeline for the process in Brisbane.
- Filing the Divorce Application (1–2 Weeks)
The first step is to file your application for divorce online through the Commonwealth Courts Portal. You can file a sole divorce application (if only one person wants the divorce) or a joint application (if both parties agree). Consulting with a divorce lawyer at this stage can help ensure the paperwork is correctly completed.
- 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.
- Serving Divorce Papers (2–4 Weeks for Sole Applications)
If you file a sole divorce application, you’ll need to serve divorce papers to your spouse. This means officially delivering the documents so they are aware of the divorce 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 or a court order.
- 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 divorce hearing. The waiting time for a court date can vary depending on how busy the family law court is.
- How long does this take? Typically, you’ll wait 2–3 months for your divorce hearing in Brisbane. If you’ve filed a joint application and there are no children under 18 involved, you may not need to attend. However, if you’ve filed a sole application and have children under 18, attendance is usually required.
- Court Hearing and Granting of Divorce (Same Day)
At the divorce hearing, the judge will review your divorce case 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 hearing itself is usually quick, often taking less than 30 minutes.
- 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 decree (also called 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 divorce 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?
So, What’s the Total Timeline for a Divorce in Brisbane?
Here’s a general breakdown of the divorce 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 apply for divorce to when it is finalised. However, this can vary depending on individual circumstances, including whether it’s a contested divorce or an uncontested divorce, and whether methods like divorce mediation or collaborative divorce are used to reach an agreement outside of court.
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 or seek a court order, which can extend the timeline.
- Disputes Over Children or Property: Although divorce is separate from custody and property matters, disagreements over custody arrangements or financial settlements can complicate proceedings. In some cases, issues like family violence may also impact how these disputes are managed.
- 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. Where possible, choosing a collaborative law approach may help avoid delays and reduce the need for court involvement.
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 qualified divorce lawyer in 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 in the family law court, and waiting for the final order, being organised and informed can help ensure your divorce case moves as smoothly as possible.
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.
