Divorce Lawyers Brisbane

To start divorce proceedings in Australia, you need to show that your marriage has ended permanently and that you’ve been separated for at least 12 months. You can submit your application online through the Federal Circuit and Family Court of Australia, either alone or with your former partner. If you make the application yourself, it will be a sole application for divorce. If you make the application with your former partner, it is known as a joint application for divorce.

Yes, if you meet certain residency or citizenship requirements. You can apply for a divorce in Australia if you:

• Consider Australia your permanent home,
• Are an Australian citizen (by birth, descent, or grant), or
• Have lived in Australia for at least the past 12 months. You’ll also need a copy of your marriage certificate. If it’s not in English, a translated and certified version must be provided.

Yes. Indian marriages are recognised in Australia, and you can apply for divorce here if you meet the local requirements — such as living in Australia for 12 months or being an Australian citizen. You’ll need a copy of your Indian marriage certificate (translated if not in English) when filing your application.

Generally, you will need:

• A completed divorce application form,
• Your marriage certificate (with a certified translation if not in English),
• Identification documents,
• Proof of citizenship or residency,
• Details about care arrangements for any children under 18,
• Evidence of living separately for at least 12 months.

Australia follows a no-fault divorce system. The only legal reason required is that the relationship has broken down permanently, shown by a minimum of 12 months’ separation.

The process is largely the same across Australia, except in Western Australia, where divorce applications are handled by the Family Court of Western Australia instead of the Federal Court. However, the legal requirements remain consistent.

No. If one person wants to divorce and meets the eligibility criteria, they can apply on their own. The other spouse doesn’t need to consent but must be properly notified if it’s a sole application.

It is possible to be separated while still living under the same roof. You’ll need to show that the relationship ended, and provide additional evidence such as separate living arrangements, limited communication, or independent social lives. Statements from friends, family, or professionals may also be required.

You start by lodging a divorce application online. If you apply alone, you’ll need to serve the documents on your spouse. The court will then set a hearing date. If everything is in order, the divorce is granted and becomes final one month and one day later.

The fastest timeline for divorce is typically around four months — this includes the time it takes to file, serve the application, attend the hearing (if required), and wait for the order to become final (one month and one day after the hearing).

From the date you file the application, the process usually takes around 3–4 months. Once the court approves the application, it takes one month and one day for the divorce to be legally finalised.

The standard government filing fee is currently $1,060 (as at 2025, increasing on 1 July). However, you may qualify for a reduced fee if you receive government benefits or meet financial hardship criteria.

If you apply jointly, you and your spouse can agree to split the filing fee. If it’s a sole application, the applicant usually covers the costs. If you hire a lawyer, each party pays their own legal fees unless otherwise agreed or ordered by the court.

Divorce proceedings are different to a parenting or a property settlement. As one of Brisbane’s best divorce lawyers, we offer fixed fees for those wanting to bring their marriage to an end.

A divorce doesn’t automatically deal with financial matters. Property division is a separate process. You have 12 months from the date the divorce is finalised to apply for a property settlement through the court, if needed. It’s important that you resolve any property settlement issues, before the time limit expires otherwise you might not be able to bring family law proceedings in court.

A divorce doesn’t automatically deal with parenting arrangements which must focus on the best interests of the children. Whether agreed informally or through a court order, these arrangements can include where the children live, time with each parent, and decision-making responsibilities.

You must wait until your divorce order becomes final, which is one month and one day after the court grants it, before you can legally remarry.

Yes. Divorce records are generally public documents but accessing them requires a formal request. Only parties to the divorce, their lawyers, or authorised third parties can obtain copies directly from the court. The public cannot freely browse divorce details online.

You can request a copy of your divorce order (also called a divorce certificate) from the Federal Circuit and Family Court of Australia. This document confirms the date your divorce was finalised and serves as legal proof.

“Grey divorce” refers to couples who separate later in life, typically over the age of 50. These divorces often involve unique financial and estate planning issues, such as dividing superannuation, long-term assets, or dealing with adult children.

Usually, yes—if it was legally granted according to that country’s laws. However, the Australian courts may not recognise it in certain situations, such as if one party wasn’t properly notified or didn’t have the opportunity to respond.

Yes, if you were married in Australia and meet the usual residency or citizenship requirements, you can still apply while living abroad. It’s best to seek legal advice to navigate any cross-border legal issues.