Costs for a divorce lawyer in Brisbane, to help with a divorce application (not parenting and property matters), are generally in the thousands, and some Brisbane law firms offer divorce packages on a fixed fee basis. International divorces are generally more costly.

Divorce lawyers also handle all family law matters, including parenting and property settlement. Consent orders may be offered on a fixed-fee basis, ranging from $5,000 to $10,000, with additional fees for mediation or Family Dispute Resolution. Complex property or parenting matters that involve lengthy rounds of negotiation or family court proceedings can run much higher, even into the hundreds of thousands for some highly complex cases.

Our Brisbane divorce attorneys are focused on providing affordable family law services, offering transparent pricing for all matters.

Entitlements after a divorce or de facto separation can vary widely depending on the circumstances of your relationship. There is no fixed formula, set percentage or easy way to calculate outcomes. Property settlements are guided by section 79 of the Family Law Act 1975 (Cth), and multiple factors are considered when assessing who will end up with what. Two separating couples with the exact same asset pool could have vastly different settlement outcomes based on their contributions, children of the relationships, their earning capacity, current and future needs. Each party’s financial circumstances and the asset pool need to be properly assessed to start with, and then adjusted in line with the property settlement guidelines.

In Australia, a family lawyer, also known as a ‘divorce lawyer’, handles separation and divorce matters. They look after all legal matters related to relationship law, including marriages and divorces, and parenting and property matters.

Their work is guided by the Family Law Act 1975 (Cth), and they can help with divorce applications, separation advice, organising parenting arrangements, spousal maintenance matters, property settlement, financial agreements and child support. Some may also assist with international family law matters, adoption, surrogacy or paternity testing.

To choose the best divorce lawyers in Brisbane, look for a family law firm that offers the services you need and has positive reviews. Shortlist a few that resonate, and get in touch with them for direct chat about your circumstances, and how they can help.

An uncontested divorce in Brisbane typically takes about 2-4 months if everything goes smoothly, after the 12-month period of separation required has passed and an initial application is made. The process involves filing a divorce application with the court, which must be served on the other party if you choose to file a sole application. Applications are usually processed within two to six weeks. You may be required to attend a hearing to finalise the divorce, but most divorces in Australia no longer require either party to attend a hearing.

Matters like parenting and property, which are related to divorce, can take significantly longer to resolve, and are done separately. They may take a few months, the best-case scenario, or a few years, in really difficult circumstances.

The 12 month separation requirement for divorce is an essential factor for applying for a divorce, and you must be able to show that you and your partner have been living separated for the period of a year, before lodging a sole or joint application. This is a requirement under section 48 of the Family Law Act (1975) of Australia’s no fault divorce, and demonstrates that the marriage has broken down irretrievably with no likely chance of reconciliation.

Separation under one roof (living together while separated), is an acceptable form of separation, but may require further validation if either party disputes the date of separation. Once you have met the 12 month requirement, you, or your spouse can apply for a divorce through your lawyer or the CommCourts Portal.

In Australia, both parties don’t have to initiate a divorce together, or sign the divorce application form, unless they are making a joint application. A sole application is made by one spouse only, and served on the other spouse.

While the other party can disagree (contest) the divorce, it’s unlikely that the divorce will not be granted if all correct criteria have been met. The spouse being served may disagree on the date of separation, which could bring the 12 month separation period into question, so it’s a good idea to ensure you have some evidence of a date of separation if you foresee any issues in this area.

In Australia, there can be some confusion over common legal terms used during relationship breakdown. A separation is when a married couple or de facto couple decide to separate, even if they are still living together. A divorce is a formal application to legally end a marriage, which must be done through the courts.

Property settlement (which can also be known as asset division, financial settlement or property division), is the legal process that is used for separating couples to divide their belongings (property, assets, debts), after a relationship ends. 

A property settlement can begin at any date after a couple separate, even before couples separate in many cases. There are very strict timelines for property settlement to commence in Australia. If you are leaving a de facto relationship, you have 24 months from the date of separation to begin property settlement. For married couples, you have 12 months from the date of your divorce being official to begin property settlement.

Yes, it’s possible. If you were married overseas, you can often get divorced in Australia. Either you or your spouse must be an Australian citizen or living in Australia at the time of your application, and your marriage must be recognised under Australian law. If your marriage certificate is not in English, you will need to have it translated into English to apply for divorce in Australia. If your spouse is overseas and you are making a sole application, you will need to ensure the application is served on them at least 42 days before the Australian divorce hearing.

The June 2025 Family Law Amendment Act made significant changes to the ways divorces are processed in Australia, creating more flexible rules. Previously, a couple had to be married for 2 years to apply for a divorce, or to obtain counselling certificates to make an application. 

This is no longer required, and divorce applications are the same regardless of the duration of the marriage. Courts can now also hear divorce applications without anyone attending, even when there are children under 18, making divorces more administrative and less court-focused. These changes have streamlined divorce processes, made them more accessible without attending court, and removed some barriers that previously existed.