As divorce lawyers based in Brisbane, we can assist you in the divorce related matters. Below you can find some useful information. If you need professional advice, please call us: (07)34659332 or request a call back using online enquiry form provided here.
In Australia, there is no need for you to provide any reasons for your divorce other than that the relationship has broken down irretrievably. If you have been separated for more than 12 months the court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce provided you swear to the separation in your divorce application and the other party/a third party swears to the separation also.
What do I need to apply?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
What about the children?
The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to the children’s living arrangements.
What about property?
You do not need to have finalised your asset division (property settlement) to be able to apply for a divorce.
However, we advise you to make an effort to resolve your property settlement issues before applying for a divorce.
You may be able to reach agreement with your ex partner without having to go to court. This agreement should always be formalised by way of a consent order. If you would like to know more about the process of legally formalising a property settlement, check out our property settlement page.
Bear in mind that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. If you have children under 18 your attendance at court is required. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.
Want to know more about Divorce and when you should obtain legal advice? Read our article Divorce – What you need to know to find out about the myths and facts of divorce.