Divorce Lawyer Brisbane

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Divorce Lawyer Brisbane - Love Family Lawyers are here to help

In Queensland, a divorce can be obtained by applying to the Federal Circuit Court of Australia. The process of obtaining a divorce is dependent on a number of factors, including how long you were together and how long you have been separated for. In these circumstances, extra conditions may apply. Although you may choose to file for divorce yourself (as opposed to using a divorce solicitor), you should always seek advice with experienced divorce lawyer before proceeding with the application to prevent issues arising. Our divorce lawyers can provide you with pragmatic advice at a reasonable cost.  

When can I get divorced?

If your marriage has broken down with no chance of reconciliation, you may be eligible to apply for a divorce.

You can apply for a divorce in the Federal Circuit Court of Australia if you or your partner is an Australian citizen or resident. You are eligible to apply for a divorce application even if you were married overseas or if you do not know where your partner is, provided you live in Australia.

You must be able to demonstrate that you have been separated from your ex-partner for at least 12 months to be eligible for a divorce. If you were married for less than two years extra conditions apply, please contact our divorce lawyers Brisbane for information regarding these extra conditions.

What if I have been separated from my spouse for less than 12 months?

If you have been separated for less than 12 months, you may still be able to apply for a divorce if:

  • you and your spouse agree in writing that the marriage has ended and sign an affidavit to this effect; or
  • there are exceptional circumstances, such as domestic violence.

If you are unsure as to whether your marriage has irretrievably broken down or if you have unique circumstances, our divorce lawyers can provide you caring advice on divorce and divorce applications.

What happens with the children in the event of a divorce?

The welfare of the children is always the paramount concern of the Court when making decisions in relation to divorce and children. In Queensland, the Family Law Act 1975 (Cth) governs divorce and children’s matters. The Court will consider a number of factors when making parenting orders, including:

  • the wishes of the child;
  • the need to protect the child from physical or psychological harm; and
  • the ability of each parent to provide for the needs of the child.

If you have children, it is important that you seek advice from a divorce lawyer to ensure that their interests are protected during the divorce process.

How can I apply for a divorce?

You can apply for a divorce in the Federal Circuit Court of Australia if you or your partner is an Australian citizen or resident. You are eligible to apply for a divorce application even if you were married overseas or if you do not know where your partner is, provided you live in Australia. 

You must be able to demonstrate that you have been separated from your ex-partner for at least 12 months to be eligible for a divorce. If you were married for less than two years extra conditions apply, please contact our divorce lawyers in Brisbane for information regarding these extra conditions.

Can I do my own?

You may choose to obtain a divorce independently. However, you will be required to pay a fee regardless of whether you do it yourself or with a divorce solicitor.  If you want to take the stress and emotion out of doing it yourself, we offer a Fixed Fee Divorce service for submitting a Divorce Application and attending a Divorce Hearing.

Family Lawyers in Brisbane

Our Brisbane family lawyers strive to provide compassionate, transparent, and tailored legal advice to our clients. Our dedicated team takes the time to understand your individual situation. We work collaboratively to ensure that you are well-informed to make a decision that is best for your circumstances.

Feeling Confused?

Complications sometimes arise, including in relation to separations under the same roof and service of divorce proceedings. The Love Family divorce lawyers can help you work through these difficulties to help achieve the best possible outcome. We’re family law specialists servicing Brisbane and Capalaba.

Important Note

A divorce does not deal with arrangements for your children or a split of the matrimonial assets after separation.  For more information about how to put arrangements in place for your children please click here or how to deal with the matrimonial assets please click here.
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