Family Law FAQs

To apply for divorce in Queensland, you’ll need to complete an online application via the Federal Circuit and Family Court of Australia. You can apply jointly with your ex-partner or file a sole application. You must have been separated for at least 12 months, and one party must be an Australian citizen or resident.

Learn more in our Guide to Getting a Divorce in Australia.

Yes, you can still get a divorce in Australia even if your ex doesn’t cooperate. You’ll need to file a sole application and show the court you’ve made reasonable efforts to serve them the documents. The divorce can still be granted as long as all legal requirements are met.

We explain the full process in What If My Ex Won’t Sign the Divorce Papers?

Yes. The law requires you to be separated for a full 12 months before applying for divorce, even if you’re still living under the same roof.

If you’re unsure what counts as separation, read Our Complete Guide To Living Separated Under One Roof.

Separation is when you and your partner decide to end the relationship – this can be informal and doesn’t require legal paperwork. Divorce is the formal, legal process that ends the marriage.

While it’s possible to apply for divorce yourself, having a family lawyer ensures everything is filed correctly and can help you deal with related issues like property, parenting, and financial agreements – which aren’t covered in the divorce application itself.

See how we can help when you contact us today.

Once your application is accepted, it usually takes around 3-4 months for the court to process your divorce and issue a Divorce Order. This includes a mandatory one-month waiting period after the hearing.

For timing tips and common delays, read How Long Does It Take To Get A Divorce in QLD?

Once your Divorce Order becomes final, you have 12 months to resolve property and financial matters or apply to the court for a property settlement.

For more info, read What To Do If Your Ex Wife Or Husband Is Delaying Property Settlement?

Yes. As long as you or your former partner are Australian citizens, residents, or ordinarily live in Australia, you can apply for divorce here – even if your marriage took place overseas.

Read more in our Guide To International Family Law Matters.

Annulments are rare and only granted in very specific situations, like if the marriage was never legally valid. Most people will need to go through the divorce process instead.

We explain the difference in Annulment vs Divorce: What You Need to Know.

Most divorce applications are handled online and don’t require a court appearance. However, you may need to attend if it’s a sole application and there are children under 18.

Our team can guide you through the process contact us today.