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.”

SituationPossible?
Living separatelyYes
Separation under one roofYes
Temporary reconciliation under 3 monthsMay not restart separation period
Living together as a married coupleNo

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.

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Nathan Barwick
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Great advice! Got me out of a situation! A++
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Owain
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Was able to call late at night without issue, very friendly and knowledgeable, great service. Regarding court, I was allocated a different lawyer who was also spectacular and basically achieved everything we could, which was all down to these guys. Cost was very reasonable and honestly you need to spend it if ever in a situation as the only chance you have of getting a favourable outcome is with a lawyer and these guys are knowledgeable and straight forward. Would recommend
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AyySap C
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George helped me with a private court matter, he sorted all my documents and recommended what way I should represent my self, out of pure heart he is a good man.
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Jessi Chrzan
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George and his team helped me with my fathers estate after he sadly passed away unexpectedly. They got me the best outcome we had hoped for. Super grateful for their help and services.
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Matt Conditsis
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Thank you so much for everything you guys did for me, to get everything done in such a small amount of time. Thank you, George for getting everything across the line in a days' notice you are amazing and a true gentleman. And to Margret, your tieless unwavering hard work, often without rest. such effort definitely doesn't go unnoticed; you are a true superstar. Thank you Both once again, I would never hesitate to recommend this firm for any matters needed.
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Jason Rodda
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I would like to thank George for his approach and absolute professionalism. Everything was handled with the utmost care and due diligence. George explained everything and how it worked… made the process quite simple and easy to comprehend. I wouldn’t hesitate to recommend him to anyone whom requires an understanding and positive Lawyer. Thank you George.
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T
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My second time I've needed George's assistance. Could not be in better hands. Highly recommend his expertise and talents regarding the law. Thank you to your entire team, especially the wonderful Josephine 👌👍😁. Ed D
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Elvira Bajric
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​I can't thank my Solicitors, George Pharmacis & Margaret O’Hara &they're Team enough for their support through this property settlement. They were in my corner every step of the way, going way above and beyond what I expected. It’s hard to find someone who mixes sharp expertise with genuine care like they do. I highly recommend them if you want someone who treats you like a real person, not just a case number.
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christina kirwin
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Lovely people, they really listen to you and provide the services you require. Would recommend.
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Garry Boden
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They are getting the job done and answerinv my stupid questions. No compliants