A Step-by-Step Guide to Divorce Proceedings with a Brisbane Family Lawyer
Introduction
Divorce is not only the legal end of a marriage, it’s often one of the most emotionally draining and life-changing events a person can go through. For many in Brisbane, the process brings questions like: “How long will it take?”, “What happens to our property?”, and “What about custody of the children?”
In Australia, divorce is governed by the Family Law Act 1975 (Cth) and handled through the Federal Circuit and Family Court of Australia (FCFCOA). While the law sets out clear steps, having a Brisbane family lawyer guide you through the process can reduce stress, avoid costly mistakes, and ensure your rights are protected.
This guide breaks down the divorce process step-by-step, highlighting the role of a family lawyer and offering real-life scenarios to make the journey easier to understand.
Step 1: Meeting the Legal Requirements for Divorce
Before filing for divorce in Brisbane, you must meet certain conditions:
- Irretrievable Breakdown of Marriage: The only ground for divorce in Australia is that the marriage has broken down and there is no reasonable likelihood of reconciliation.
- Separation for 12 Months: Couples must have been separated for at least 12 months before filing. This can include situations where both spouses live under the same roof but lead separate lives (“separation under one roof”).
- Jurisdiction: At least one spouse must regard Australia as their home and intend to live here indefinitely, or be an Australian citizen or resident.
📌 Scenario: A couple in Brisbane has been separated for 14 months but still lives in the same house for financial reasons. A family lawyer helps them gather evidence (such as separate finances, sleeping arrangements, and affidavits from friends or family) to prove separation under one roof.
Step 2: Filing the Divorce Application
Divorce applications can be made:
- Jointly – both spouses apply together.
- Solely – one spouse applies, and the other is served with documents.
Applications are filed electronically through the Commonwealth Courts Portal. A Brisbane family lawyer can prepare and lodge the application, ensuring it’s completed correctly and includes all necessary documents.
📌 Study Insight: Research from the Australian Institute of Family Studies (AIFS) shows that many applications are delayed due to incomplete paperwork or errors, something a lawyer can help avoid.
Step 3: Serving Divorce Papers (if Sole Application)
If you file alone, you must ensure your spouse receives the divorce documents. This is called service of documents. The papers cannot be served by you personally; they must be delivered by someone else over 18, or through registered post.
A family lawyer in Brisbane will arrange the service correctly, preventing delays or disputes about whether the other party was notified.
📌 Scenario: A Brisbane woman files for divorce but her husband has moved interstate. Her lawyer engages a professional process server to ensure service is legally compliant and properly documented.
Step 4: Attending the Divorce Hearing
- If there are children under 18, at least one spouse must attend the court hearing.
- The court ensures proper arrangements for children are in place, though parenting orders are handled separately.
A family lawyer will represent you at the hearing, explain the process, and respond to any questions the registrar or judge may have.
Step 5: The Divorce Order
If satisfied that all legal requirements are met, the court grants a divorce order. The divorce becomes final one month and one day after the order is made.
It’s important to remember:
- Divorce only legally ends the marriage, it does not finalise property settlement or child custody arrangements.
- Applications for property settlement or spousal maintenance must be made within 12 months of divorce.
📌 Scenario: A couple finalises their divorce in Brisbane but waits two years before discussing property division. Without a lawyer’s guidance, they miss the 12-month time limit and must seek special permission from the court, making the process far more complicated.
Step 6: Parenting and Child Custody Arrangements
While divorce focuses on ending the marriage, most separating couples also face questions about child custody and parenting orders.
Brisbane family lawyers help parents:
- Negotiate parenting plans.
- Apply for consent orders to make arrangements legally binding.
- Represent clients in disputes about custody, visitation, and decision-making responsibilities.
📌 Law Insight: Under the Family Law Act, the court’s primary consideration is always the best interests of the child.
Step 7: Property and Financial Settlements
Dividing property can be complex, especially when businesses, superannuation, or investment properties are involved. A family lawyer ensures that:
- All assets and debts are properly identified.
- Contributions and future needs are fairly assessed.
- Agreements are formalised through consent orders or binding financial agreements.
📌 Scenario: A Brisbane couple owns a family home in Indooroopilly and a small business. Their lawyer helps them negotiate a settlement that fairly divides assets while protecting the business’s future operations.
Why a Brisbane Family Lawyer Makes a Difference
Throughout the divorce process, a family lawyer can:
- Provide clarity on your legal rights and responsibilities.
- Prepare and file paperwork correctly to avoid costly delays.
- Represent you in hearings and negotiations.
- Help resolve disputes over children and property without going to court where possible.
- Ensure agreements are legally binding and enforceable.
📌 Study Insight: The AIFS reports that separated parents who received legal advice early were more likely to reach workable agreements and avoid prolonged litigation.
Conclusion
Divorce in Australia follows a clear legal process, but it can feel overwhelming without the right guidance. From filing applications to handling child custody and property settlements, a Brisbane family lawyer can make the journey smoother, less stressful, and ensure your future is protected.
📞 If you’re considering divorce in Brisbane, don’t face it alone. Contact an experienced family lawyer today for advice tailored to your circumstances and peace of mind during this life transition.
