Divorce Services in Newstead
Andrews Family Lawyers is a Brisbane family law firm based in Newstead, helping clients navigate divorce and separation with clear, practical advice. Led by Principal Solicitor Peter Andrews, the firm assists with divorce applications and related family law matters, including parenting and property issues.
If you are considering divorce, our team can explain the process, help prepare your application and clarify the other legal matters that may need to be addressed separately.
What Is Divorce
Divorce is the legal process that formally ends a marriage in Australia. You can generally apply once you have been separated for at least 12 months and one day.
A divorce order does not determine how property is divided or where children live. Property settlement and parenting arrangements are separate family law matters and may need to be dealt with independently.
The Emotional and Practical Challenges of Divorce
Divorce itself is only one part of ending a marriage. Clients often come to Andrews Family Lawyers unsure whether they also need to deal with property, parenting arrangements or financial matters.
Our role is to separate these issues, explain what actually requires legal action and help you understand what can be dealt with now and what can be handled separately.
Need Help Sorting Property Matters?
Resolving financial and property arrangements requires a clear understanding of your legal rights and obligations. We provide strategic legal guidance to help clients navigate property settlement during divorce, including asset division, financial agreements, and court documentation where required.
Are You Eligible for Divorce? Key Requirements
To apply for divorce in Australia, you generally need to show that your marriage has broken down irretrievably and that you have been separated for at least 12 months and one day.
You must also satisfy the Court’s connection-to-Australia requirements. Additional evidence may be required if you were married overseas, have been separated while living under the same roof, or cannot locate your former spouse.
Benefits and Importance
We provide expert advice, which can help reduce stress during the legal process. They are committed to protecting your rights and interests and work to ensure an equitable distribution of assets.
They also support the best arrangements for your children so that you can set a positive foundation for your future.
Common Challenges and Solutions
They simplify complex legal processes and offer fair guidance to prevent making choices based on emotions, ensuring you make the best choices for your future.
Their skilled negotiation and future planning strategies resolve conflicts efficiently and prepare you.
How We Can Help You
Filing a Divorce Application
Some clients are unsure about their eligibility for divorce. This is particularly relevant when the client was married overseas. Our lawyers can help you assess your situation and determine your eligibility. If you need to organise documentation to prove eligibility, we can ensure you arrange all the necessary documents.
Serving of Divorce Papers
If you file a sole divorce application, your former spouse generally needs to be formally served with the application.
This can become more complicated if your spouse cannot be located, lives overseas or is in prison. Andrews Family Lawyers can advise on service requirements and, where appropriate, applications for substituted service or dispensation of service.
We can help you negotiate property settlement arrangements and prepare the documents required to formalise an agreement, including an Application for Consent Orders where appropriate.
Divorce Hearings and Court Attendance
Not every divorce application requires you to attend a hearing. If a Court appearance is required, we can explain why, prepare you for what to expect and represent you where appropriate.
Don't let the divorce process stress you out.
Contact us for assistance!
Meet Peter Andrews
Peter is a qualified legal practitioner with over twenty years of experience, predominantly in family law. Peter began his career with Clayton Utz before moving into suburban practice in 2007 with a focus on family law settlements.
Peter began his practice, Peter Andrews Lawyer Pty Ltd, in 2013. After many years of success, the business was rebranded Andrews Family Lawyers in 2022.
Peter is a married father of three young, intelligent and often annoying children who are still lovely.
We Are Ready To Help
If you’re thinking of getting a divorce or are already going through one, it’s important to have the help of professional divorce lawyers. At Andrews Family Lawyers, we specialise in helping people with divorce applications and can support you during this tough time.
Let Us Help You !
We’re here to provide expert guidance and support for your legal needs.
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How do i find a reputable divorce lawyer near me in Brisbane?
Look for recommendations from people who have gone through a similar situation locally, or consult local legal directories and the Law Society of your state for a list of qualified divorce lawyers.
Do you need any assistance with divorce forms?
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.
How much does a divorce cost in Brisbane?
The Federal Circuit and Family Court of Australia charges a filing fee of $1,170 for a divorce application. A reduced fee of $390 may be available if you meet the Court’s eligibility requirements, including certain concession, Legal Aid or financial hardship criteria.
These court fees are current from 1 July 2026 and are separate from any legal fees for assistance with your divorce application.
What are the steps for filing a divorce application?
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.
I'm not sure whether to go for a single or joint application. What should I choose?
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.
What is the eligibility criteria for filing for a divorce?
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.
Do you need any help with serving divorce papers?
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.
Do you need to go to court to get divorced?
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.
How are assets divided in a divorce?
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.
How long does a divorce take?
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.
Can you apply for a divorce online?
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 divorce lawyer on your side to work through your family law issues is essential.
What if we reconcile during separation?
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.