Divorce

Divorce in Queensland, Australia

A divorce is a formal legal declaration that two people are no longer married to one another.

In most parts of Australia the process of obtaining a divorce is the same, and in Queensland (like most other states & territories) the process is governed by the Family Law Act 1975.

This is a basic summary of the procedure for obtaining a divorce in Queensland:
  • The parties (spouses) ensure they have met the formal requirements of the Family Law Act 1975 (Cth)
  • Separate lawyers are retained by the husband and the wife to ensure property is divided fairly and in accordance with the law
  • The parties and their lawyers find the best way for the parties' children to be cared for after the divorce
  • The divorce is formally applied for with an "Application for Divorce"
  • A date is set by the Federal Magistrates Court of Australia for the divorce application to be considered by a federal magistrate (judge)
  • The divorce is either granted or the court makes another determination
  • If a property settlement is required, steps are taken to divide the parties' assets
  • Child support and/or spousal maintenance issues are addressed
Although the "Application for Divorce" form provided by the Federal Magistrates Court of Australia may give the impression that the process of obtaining a divorce in Queensland/ Australia is a simple matter of answering a few questions, there are many considerations that can only be raised by a lawyer experienced in this specific area of law.

If you have children or property or you simply would like to ensure that every box is ticked, we recommend that you consult an Australian Legal Practitioner (a solicitor) before you take steps towards getting divorced in Queensland.

Also remember that the term "divorce lawyer" isn't commonly used in Australia as it is in the USA. In Australia all solicitors who are registered as lawyers of the High Court of Australia are entitled to represent clients in the Federal Magistrates Court for divorce proceedings, however it is wise to ensure that your lawyer is experienced in family law/ divorce law before you retain just any old solicitor.

There is more information on the topic of divorce in our Law Blog, so please click here to read on...

Alternatively, if you would like to discuss an impending divorce or any other family law matter please contact us now.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.