Divorce
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Experienced Divorce Lawyers in Queensland
If your marriage has broken down and you are considering divorce, obtaining early legal advice can help you understand your rights, obligations, and the steps involved in the divorce process.
At Pharmacis Canning Lawyers, we provide practical, compassionate and strategic legal advice for individuals seeking a divorce in Queensland. Whether your separation is straightforward or involves complex family law issues, our experienced family lawyers can guide you through every stage of the process.
We assist clients with divorce applications, separation advice, court procedures, and related family law matters including property settlements, parenting arrangements, and spousal maintenance.
Our goal is to make the divorce process as clear and stress-free as possible while protecting your legal interests and helping you move forward with confidence.
Divorce in Queensland
In Australia, divorce is governed by the Family Law Act 1975 (Cth). Australia operates under a no-fault divorce system, meaning the court does not consider who was responsible for the breakdown of the marriage.
The only ground for divorce is that the marriage has broken down irretrievably and there is no reasonable likelihood of reconciliation.
To apply for divorce, you must generally demonstrate that:
– You have been separated for at least 12 months;
– The marriage has broken down permanently;
– Australia has jurisdiction to hear the application; and
– Proper arrangements have been made for any children under 18 years of age.
Whether you are applying individually or jointly with your former spouse, obtaining legal advice can help ensure the process proceeds smoothly.
Eligibility for Divorce
To obtain a divorce in Australia, you must satisfy certain legal requirements.
Requirement | Details |
Valid Marriage | You must be legally married and able to provide a marriage certificate |
Separation Period | You must be separated for at least 12 continuous months |
Australian Connection | You or your spouse must be an Australian citizen, permanent resident, or regard Australia as your permanent home |
Irretrievable Breakdown | There must be no reasonable likelihood of reconciliation |
Our Queensland divorce lawyers can assess your circumstances and advise whether you are eligible to apply.
The 12-Month Separation Requirement
Before a divorce can be granted, parties must be separated for at least 12 months.
Separation occurs when one or both spouses decide the marriage has ended and communicate that intention.
In some situations, parties may remain living in the same home after separation. This is known as “separation under one roof.”
| Situation | Possible? |
| Living separately | Yes |
| Separation under one roof | Yes |
| Temporary reconciliation under 3 months | May not restart separation period |
| Living together as a married couple | No |
Evidence may be required where parties remain living together during the separation period.
Joint Divorce Applications
Many divorcing couples choose to file a joint application for divorce.
Benefits of a Joint Application
– No requirement to formally serve documents
– Reduced conflict between parties
– Simplified court process
– Often faster and more cost-effective
– Demonstrates cooperation between spouses
Where appropriate, our lawyers can prepare and lodge a joint divorce application on your behalf.
Sole Divorce Applications
A sole application is filed by one spouse without the participation of the other.
Where a sole application is made, strict service requirements apply and the other party must be formally provided with the divorce documents.
Our team can assist with:
– Preparing the application
– Arranging service of documents
– Filing court material
– Court attendance where required
– Managing procedural requirements
Divorce and Children Under 18
Where there are children under 18 years of age, the court must be satisfied that appropriate arrangements have been made for their care, welfare and development.
The court may consider:
– Living arrangements
– Schooling and education
– Health and medical needs
– Financial support
– Time spent with each parent
– General welfare considerations
The court is not determining parenting arrangements during the divorce process but must be satisfied children are appropriately cared for.
Divorce and Property Settlement
Many people mistakenly believe that property settlement automatically occurs when a divorce is granted.
Divorce and property settlement are separate legal processes.
Divorce | Property Settlement |
Legally ends the marriage | Divides assets, liabilities and financial resources |
Deals with marital status | Deals with financial arrangements |
Requires 12 months separation | Can often commence before divorce is finalised |
Importantly, applications for property settlement generally must be commenced within 12 months of a divorce becoming final.
Seeking legal advice early can help protect your financial interests.
Divorce and Spousal Maintenance
Spousal maintenance involves financial support paid by one former spouse to another in certain circumstances.
Factors considered include:
– Income and earning capacity
– Financial needs
– Age and health
– Care of children
– Property and financial resources
Applications for spousal maintenance are also subject to strict time limits following divorce.
The Divorce Process in Queensland
Stage | What Happens |
Separation | Parties separate and begin the 12-month separation period |
Preparation | Divorce application is prepared |
Filing | Application filed with the Federal Circuit and Family Court of Australia |
Service | Required for sole applications |
Court Hearing | Held if required |
Divorce Order | Divorce is granted |
Finalisation | Divorce becomes final one month and one day later |
Having experienced legal representation can minimise delays and procedural issues.
How Long Does Divorce Take?
Timeframes vary depending on the circumstances.
Stage | Typical Timeframe |
Separation Period | Minimum 12 months |
Application Preparation | Several days to weeks |
Court Processing | Usually several weeks to months |
Final Divorce Order | One month and one day after the divorce is granted |
Our family law team can provide advice specific to your situation.
Common Divorce Issues
Separation Under One Roof
Parties remain living together despite the relationship ending.
Locating a Former Spouse
Additional procedures may be required where a spouse cannot be located.
Overseas Marriages
Divorce may still be available if jurisdictional requirements are met.
Family Violence
Special considerations may apply where there are safety concerns.
International Issues
Additional complexities can arise where one party lives overseas.
Common Mistakes During Divorce
Mistake | Risk |
Delaying legal advice | Missed opportunities and deadlines |
Assuming property matters are automatic | Financial rights may be affected |
Missing limitation periods | Court permission may be required later |
Incorrectly filing documents | Delays and additional costs |
Ignoring parenting issues | Future disputes may arise |
Why Early Legal Advice Matters
Benefit | Why It Matters |
Clarity | Understand your rights and obligations |
Efficiency | Avoid unnecessary delays |
Compliance | Meet all legal requirements |
Financial Protection | Protect property and financial interests |
Peace of Mind | Reduce stress and uncertainty |
Early legal advice often leads to smoother and more efficient outcomes.
How Pharmacis Canning Lawyers Can Help
Our experienced Queensland family lawyers assist clients with:
– Divorce applications
– Joint divorce applications
– Sole divorce applications
– Separation advice
– Property settlements
– Parenting matters
– Spousal maintenance
– Family violence matters
– Court representation
– Family law disputes
We provide practical advice tailored to your circumstances and work to achieve efficient and cost-effective outcomes.
Frequently Asked Questions
You must generally be separated for at least 12 continuous months before filing for divorce.
No. Australia has a no-fault divorce system and one spouse can apply independently.
Yes. Separation under one roof is recognised, although additional evidence may be required.
Many divorce applications do not require attendance, particularly joint applications.
Yes, but strict time limits apply. Generally, applications must be made within 12 months of the divorce becoming final.
No. Parenting matters are dealt with separately under family law.
Yes, once the divorce order becomes final.
The court may allow alternative methods of service in certain circumstances.
Costs vary depending on the complexity of the matter and whether the application is made jointly or solely.
Speak With a Divorce Lawyer Today
If you are considering divorce or have recently separated, contact Pharmacis Canning Lawyers for confidential legal advice.
Our experienced Queensland divorce lawyers can guide you through the divorce process, explain your options, and help protect your legal and financial interests as you move forward.
Our Advantages
- We care
- Deal with the Principal directly
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Pharmacis Canning Lawyers
Contact Us
Level 15 Corporate Centre One, 2 Corporate Court Bundall QLD 4217
Community Branch Office Carrara Markets Shop 33 (weekends 11am – 2pm)
George C Pharmacis
Principal
Melbourne Office
101 Collins Street, Melbourne VIC 3000
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