Experiencing divorce or separation comes with its difficulties, but it’s also a time for reflection, resolution and rejuvenation. That’s why Bartels Lawyers employs a solution driven approach that is unique to each situation. We aim to provide you with greater clarity and greater control so you can start forging a positive future for your family.
Divorce and the Law
Divorce is the official end of a marriage, after which you are free to marry again. The Queensland courts do not consider fault or mutual consent when looking at divorce. The only steps to applying for divorce are:
• Both you and your former partner must be Australian citizens or you must live in and consider Australia your permanent home
• You must provide proof of marriage
• You must have lived in Australia for 12 months before divorce, and you must have been separated for 12 months
• There must be no reasonable prospect of you getting back together
Before Your Formal Application
Generally speaking, couples usually apply for a formal divorce after financial and parenting matters have been resolved. If you need assistance with children and parenting matters or financial agreements, our family lawyers can assist you.
If you want to discuss your options, we can begin with a free initial consultation. In this discussion, you will meet with a dedicated lawyer who will start to understand your situation. The expert lawyer you talk to on that day will become a familiar face, guiding you through the process if you need further advice.
Our divorce lawyers strive to keep your family out of the courts whenever possible, facilitating a dignified divorce process.
Getting a Divorce – the Process
Applications for both divorce and property or children’s matters can be made to the Family Courts of Queensland. We can assist you with your application and give you professional advice about your nest steps.
If all your issues relating to the care of children have been resolved, we can help you to file the relevant papers in the family court, after which you will be granted your divorce.
Generally speaking, if there are no children from the marriage who are under 18 years, you won’t need to attend court.
Divorce Questions and Answers
How does the separation period work?
When you stop living as a couple with your partner you are considered separated. This is the period where you should organise your financial and parenting arrangements. Generally, you need to be separated for 12 months before divorce but you can remain living at the same residence if you are living separate lives. Agencies such as Centrelink may require further information about your separation in these cases.
Do special rules apply for short marriages?
Yes. If you have been married less than 2 years you will generally be required to attend counselling prior to divorce. Special circumstances can exempt you from this, and you should seek legal advice.
Are there costs involved in the application?
A court filing fee will apply to your application. You may be able to receive a reduction of this fee.
When will my divorce be finalised?
Once you have met all the courts requirements there will be a period of one month and one day before the divorce is usually finalised. A short-term divorce order will be granted in the meantime, so you can make proper arrangements.
When can I remarry?
You can remarry after your divorce is finalised but not immediately after the court hearing.
Can I have my marriage annulled?
The family court will very rarely allow for a marriage annulment – which makes the marriage null and void. If fraud, bigamy, or a lack of consent were involved in the initial marriage, this may prompt an annulment.
For further information or assistance, contact our divorce lawyers in Brisbane for a free, initial consultation. Call (07) 3341 2222.