Trusted Divorce Lawyers in Brisbane

The divorce forms you must complete for your application are available via the Commonwealth Courts Portal. You can fill these in and submit them on your own or with the assistance of an experienced lawyer.

Seek legal advice to ensure you complete the forms correctly and provide all of the information the Court requires upfront to avoid back and forth and add stress to an already tricky situation.

To file a divorce application in Australia, there is a fee of $1060. You may, however, be eligible for a reduced price of $350. You may qualify for the reduced price if:

• You hold any Department of Human Services or Department of Veterans Affairs cards, including a seniors card, a pensioner concession card, or a health care card;
• You have been granted Legal Aid;
• You are receiving Austudy, youth allowance of ABSTUDY;
• You are 18 or under, an inmate of a prison, or otherwise legally detained.

You may also apply for a reduction if the full fee will cause you financial hardship. We can assist you in completing this application and providing evidence.

Please note there are no fees involved in serving documents to the other party if this is required as part of your application process. However, legal fees may be needed should you seek the advice of an experienced divorce lawyer.

You must submit your application via the Commonwealth Courts Portal to apply for a divorce. You must register as a user, provide a username, and log in. This is the same portal used for all Family Court proceedings, so even if you have existing applications for parenting agreements or childcare consent orders, you must create a new file within the portal to download and complete your divorce application.

If you need guidance on how to file for a divorce application step by step, check our blog here.

Under Australian law, you can apply for a divorce either by yourself with a sole application or with your former partner in a joint application. The same form is used in both circumstances. However, they have different obligations.

If you want to file a sole application, you will be identified as the applicant and your former partner as the respondent. In this case, you, as the applicant, must only sign the Affidavit to file the divorce papers. However, you must provide documents to the other party (your spouse) as part of the application.

If you file a joint application with your spouse, you will be identified as the applicants. Therefore, both must sign the Affidavit for the application. One party will complete the application, sign it, and send it to the other party to review and sign.

You and your spouse must adhere to several criteria before you can legally apply for a divorce in Australia. The requirements you will need to satisfy are as follows:

You or your spouse must answer yes to at least one of the following about your right to live in Australia;

• Born in Australia or have become an Australian citizen either by grant of citizenship or descent

• Are lawfully present in Australia, have been living in Australia for at least the last 12 months, and intend to continue living in Australia. A passport showing the arrival date and a current visa must be presented.

The marriage has broken down, and there is no reasonable likelihood that you will get back together;

You have been separated for 12 months and one day or longer;

You have your marriage certificate.

For more information, check our blog here.

Serving divorce papers is notifying the other party of the pending divorce application. Documenting can be done by mail, in person, or by serving the other party’s divorce lawyer. You must adhere to minimum periods when serving documents to your spouse.

If they are in Australia, the documents must be served at least 28 days before the court hearing. The documents must be served 42 days before the court hearing if they are outside Australia.

If you cannot locate your spouse, we can assist you in proceeding. The first step is applying to the Court for an order for substituted service. This is when the Court allows you to serve the documents to a third party, which the Court is satisfied will be able to bring the documents to your spouse’s attention. For example, this could be a friend or family member in contact with your spouse.

If you can’t apply for substitute service, we can help you apply for an order for dispensation of service. This is only granted in exceptional circumstances.

There is only one instance in which you are legally required to be present at a divorce hearing, and that is when you have filed a sole application and there are children under 18 involved.

However, there are other instances in which you would be advised to attend, including if you are applying for substitute service, dispensation of service, or if the Court requires more information. For example, more information may be necessary if you have separated but reside in the same residence or have been married for less than two years.

Filing for divorce under Australian law separates the two people in the marriage. It does not finalise arrangements regarding property division, other financial assets, or parenting agreements. For detailed information on the steps taken to assess the asset pool, consider the contributions made by each party, and the division of assets, read our article on who gets what in divorce.

Our experienced  divorce lawyers can guide you through the processes of applying for the division of assets and property and financial settlement, as well as child support arrangements and parenting dispute resolution.

Once a divorce is officially granted, it will be finalised one month and one working day later. Under exceptional circumstances, the Court may also be able to shorten this time. Once finalised, your divorce order will be available to download and print via the Commonwealth Courts Portal. It is important to remember that this document will have an electronic seal and signature and will be the only official and original record for evidence of the divorce.

To apply for a divorce in Australia, you must submit your application via the Commonwealth Courts Portal.

You are required to sign an Affidavit when submitting your divorce application. What is an Affidavit? An Affidavit is a legal statement presenting the facts or evidence surrounding your divorce. It will need to explain why you and your spouse wish to file for a divorce if you have not attended counselling, the reason for this, and if any special circumstances apply to your case, such as domestic violence or abuse, and concerns around your safety in attending a counselling session with your spouse.

While submitting your documents is relatively straightforward, there are multiple delicate parts to consider. Having an experienced lawyer on your side to work through your family law issues is essential.

The Court wants to encourage reconciliation. Couples can reconcile for a short time without affecting their divorce application. If couples reconcile and re-separate within three months, they can resume their separation where they left off. However, the separation period will reset if the reconciliation lasts longer than three months.

Mediation is a structured, interactive process where an impartial third party (the mediator) assists parties in resolving conflict through specialised communication. Mediation is often used to resolve issues related to property division, child custody, and support arrangements without needing a contentious court battle. Here’s a typical process:

• Introduction. The mediator explains their role and the rules and goals of the session.

• Presentation of views. Both parties present their view without interruption. They can explain their needs and concerns.

• Identification of issues. The mediator helps the parties identify and prioritise their issues. This step structures the mediation process and ensures that all relevant matters are addressed.

• Exploration and negotiation. The mediator facilitates a discussion exploring options for resolution. The parties may brainstorm possible solutions. The mediator ensures the discussion remains productive and resolution-oriented.

• Private sessions. The mediator may hold a session with each party individually. This allows the participants to express concerns without the other’s immediate reaction. This allows the mediator to understand their position better.

• Generating options. The parties will attempt to identify mutually acceptable solutions.

• Agreement. The parties will try to agree on solutions and how they will be implemented. The solutions may be written down and signed.

• Follow-up. The mediator may hold a follow-up session to assess the parties’ progress and success in implementing the agreement.