So You Want a Divorce?

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Deciding to get a divorce is never easy. Whether it’s been a long time coming or a sudden shift, the process can feel overwhelming. There’s a lot to think about—your finances, your children, your property—and, of course, the legal steps to finalise your separation.

The good news? Divorce doesn’t have to be as daunting as it seems. In Australia, divorce is primarily about ending the legal marriage, separate from property settlements or parenting arrangements. Let’s break it down step by step so you know what to expect.

What Does Divorce Mean in Australia?

In Australia, divorce is the legal process of ending a marriage. Under the Family Law Act 1975, Australia operates on a no-fault divorce system, which means the court doesn’t consider why the marriage ended. The only requirement is proving that the relationship has broken down irretrievably.

What Are the Requirements for Divorce?

To apply for a divorce, you’ll need to meet the following criteria:

  1. Separation for 12 Months

You and your spouse must have been separated for at least 12 months with no likelihood of reconciliation.

  • You can still be considered separated while living under the same roof, but you’ll need to provide additional evidence, such as statements from friends or family, to support your claim.
  1. Jurisdiction

Either you or your spouse must:

  • Be an Australian citizen, or
  • Live in Australia and regard it as your permanent home, or
  • Have ordinarily resided in Australia for at least 12 months before filing.

How Do You Apply for a Divorce?

The divorce process is relatively straightforward and can be done online via the Commonwealth Courts Portal. Here’s how it works:

  1. File the Application

You can file a sole application or a joint application with your spouse.

  1. Serve the Documents (if filing alone)

If you file a sole application, you’ll need to serve a copy of the application on your spouse at least 28 days before the court hearing (or 42 days if they live overseas).

  1. Attend the Hearing (if required)

Most divorce applications don’t require a court appearance unless there are children under 18 and you’ve filed a sole application. In these cases, the court will want to ensure proper arrangements are in place for the children’s care.

  1. Wait for the Divorce Order

Once granted, the divorce order takes effect one month and one day after the hearing. At this point, your marriage is officially dissolved.

What About Property and Parenting Arrangements?

It’s important to understand that divorce is a separate legal process from dividing property or making parenting arrangements.

  1. Property Settlement: You have 12 months from the date of your divorce to finalise property and financial matters. Beyond this timeframe, you’ll need the court’s permission to proceed.
  2. Parenting Arrangements: These can be negotiated at any time and don’t depend on the divorce being finalised.

At Brisbane Family Law Centre, we often recommend addressing property and parenting arrangements alongside your divorce to streamline the process and avoid unnecessary delays.

Do You Need a Lawyer for a Divorce?

Technically, you can handle the divorce process on your own—especially if it’s straightforward, there are no disputes, and you’re filing a joint application.

However, a lawyer can be invaluable if:

  • You’re unsure about the paperwork or legal requirements.
  • There are disputes over parenting or property that need resolving.
  • You’ve been separated but still living under the same roof.
  • You’re concerned about your spouse’s cooperation or response to the application.

A family lawyer can help you navigate the process with confidence and ensure all aspects of your separation are handled properly.

What Happens If Your Spouse Opposes the Divorce?

Because Australia operates under a no-fault divorce system, opposition to divorce is rare. The only valid reason for opposing a divorce is if you believe the 12-month separation requirement hasn’t been met.

In these cases, the court will assess the evidence and decide whether the application can proceed.

Tips for Navigating Divorce

Here are some practical tips to help you through the process:

  1. Seek Legal Advice Early

Understanding your rights and options can make the process smoother and less stressful.

  1. Organise Your Documents

Gather your marriage certificate, financial records, and any documents related to property or parenting.

  1. Consider Mediation

If there are disputes over children or finances, mediation can help you reach an agreement without going to court.

  1. Take Care of Yourself

Divorce can be emotionally draining. Don’t hesitate to lean on friends, family, or professional support if you need it.

How Brisbane Family Law Centre Can Help

At Brisbane Family Law Centre, we know that divorce isn’t just a legal process—it’s a personal one. We’re here to help you navigate the complexities of divorce, property settlements, and parenting arrangements with clarity and care.

Whether you need guidance on filing for divorce, resolving disputes, or planning for your future, our team is equipped to support you.

Final Thoughts

Divorce marks the end of one chapter, but it’s also an opportunity to create a new beginning. By understanding the legal process and seeking the right support, you can approach this transition with confidence and focus on what matters most—your future.

If you’re ready to take the next step or need help understanding your options, the Brisbane Family Law Centre team is able to provide clear, compassionate advice.

Book in a free call with us today!
Written by Jaime Stefanac

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