I have told my partner that I want a separation. What now?
Once you’ve expressed your intention to separate, it’s crucial to get legal advice on property settlements, child custody arrangements, and spousal maintenance. Formalising your separation and considering mediation or family dispute resolution may help avoid court proceedings.
What can I expect in my first consultation? What questions will I be asked?
During your first consultation, our family lawyers will ask about your marriage or de facto relationship breakdown, assets, children, and any financial support issues. They will provide initial advice, explain the legal process, and outline your options for resolving family law matters.
What is the legal process for finalising a divorce?
There are different aspects to ending a marriage, one part of which is getting a divorce, which changes your legal relationship status from married to divorced. Some people choose to organise a divorce early on after a period of separation; others do not formalise the paperwork for some years after a separation occurs.
Getting a legal divorce does not finalise all aspects of your relationship—in fact, it’s probably the simplest part of the family law process to organise, and many people choose to do their divorce paperwork without the assistance of family law solicitors.
The other two main aspects of divorce are:
- Parenting matters – This is making arrangements for your children’s care, with a parenting plan or consent orders in most cases. and also child support matters
- Financial matters & property settlements – This covers any asset divisions and transfers, spousal maintenance
Are there time limits for property settlements after a divorce?
Yes, there are time limits for property settlements. For married couples, a divorce application must be filed within 12 months of the divorce order being granted. For de facto couples, the time limit is 2 years from separation.
How long does divorce take in Brisbane?
In Brisbane, a divorce typically takes about 2-4 months if there are no complications. The process involves filing a divorce application, which is usually processed within a few weeks, followed by a hearing for finalisation.
How are same-sex relationships treated under the Family Law Act?
Under the Family Law Act, same-sex relationships are treated equally. Both de facto and married same-sex couples have the same rights regarding parenting matters, property settlements, spousal maintenance, and access to family law services.
What does it mean if my lawyer is a member of the Queensland Law Society?
If your lawyer is a member of the Queensland Law Society, it means they are recognised as qualified legal professionals. They adhere to the ethical standards and regulations of the legal profession and ensure quality legal services.
Who pays legal fees for divorce in Australia?
In Australia, each party typically pays its own legal fees during a divorce. However, depending on the circumstances and financial capacity, the court may order one party to contribute to the other party’s fees in some cases.
Can you get a divorce without a lawyer in Australia?
Yes, you can apply for a divorce without a lawyer in Australia. However, having legal assistance can help you navigate complex legal issues, ensure all requirements are met, and avoid potential complications in court proceedings.
How long does a typical family law case take?
The length of a family law case depends on its complexity. Simple cases may take a few months to resolve, while more complex issues, such as child custody arrangements or property settlements, can take over a year.
Do you need a lawyer in family court?
While having a lawyer in family court is not required, it is highly recommended. Our team of Brisbane family lawyers can help with legal representation, navigate complex legal matters, and ensure your legal rights are protected.
Do both parties have to sign divorce papers in Australia?
No, both parties do not have to sign divorce papers. Only one party needs to file the divorce application. However, if the other party contests the divorce or issues related to child custody, court proceedings may be necessary.
How does a person get served divorce papers?
Divorce papers can be served in person, via post, or through a process server. The papers must be served on the ex-partner before the divorce application can proceed, ensuring they are informed of the divorce order.
What is coercive control?
Coercive control is a form of family violence where one partner uses manipulation, intimidation, or threats to dominate the other. It includes verbal abuse and other forms of control, often leading to significant emotional and psychological harm.
While it can be harder to prove and address, most states in Australia now recognise coercive control as a central theme to domestic and family violence, with laws coming in in Queensland in May 2025. These behaviours may be addressed through legal protections such as intervention orders or criminal charges for some matters.
Why would someone stall a divorce?
A person may stall a divorce for various reasons, such as emotional stress, disagreements over property settlements, parenting arrangements, or financial issues. If you feel your ex-partner is unreasonably delaying resolving family law issues, a family lawyer can help resolve these matters and expedite the process.
What is financial duty of disclosure in family law matters?
Disclosure is the process of sharing financial information between parties to ensure transparency in property settlements. It is a legal requirement under family law, and failure to provide full disclosure can lead to serious consequences in court proceedings.
Are assets purchased after separation included in the shared asset pool?
Assets purchased after separation may be considered as part of property settlement, depending on their nature and the financial contributions of both parties. Legal assistance will help determine whether they should be included or excluded.
What happens to debt that is accrued after separation but before financial settlement?
Generally, you are not responsible for debts incurred by your ex after separation. However, if the debt is jointly held or part of your shared financial obligations, it may still be considered in the property settlement.
Who should pay the bills on the family home if one party moves out?
Even if one party moves out, they may still be responsible for some or all of the mortgage, rates, and water bills if they are listed on the property title. These financial responsibilities should be discussed during the property settlement process with the help of your family law team.
Can any kind of superannuation be split?
Yes, most superannuation funds can be split in a property settlement. This includes self-managed superannuation funds (SMSFs) and employer superannuation. The court can make orders to split superannuation to ensure an equitable property settlement.
Do I need to have my superannuation valued before it is split?
Yes, it is necessary to have your superannuation valued before it is split. This ensures an accurate assessment of its value and helps determine a fair and equitable property settlement between the parties involved.
Can superannuation be cashed out after it's transferred in a property settlement?
No, a superannuation split cannot be accessed as cash until you reach the preservation age unless you are able to access it under financial hardship or compassionate grounds. It will remain in your superannuation fund until you meet the withdrawal requirements, but it is divided as part of the property settlement.
How much will a divorce cost?
The cost of a divorce varies depending on factors such as complexity and whether legal representation is required. On average, divorce law services range from a few hundred to a few thousand dollars. A clear understanding of legal costs can be provided during an initial consultation.
What if I have been married for less than 2 years?
If you’ve been married for less than 2 years, you may need to attend counselling before applying for a divorce. However, exceptions may apply, and legal advice can clarify your options and the divorce application process.
Can a binding financial agreement be overturned?
Yes, a binding financial agreement (BFA) (prenuptial agreements) can be overturned under certain circumstances, such as if there was coercion, fraud, or a failure to disclose assets. It’s important to seek independent legal advice from a trusted law firm to understand your rights. Family law experts can guide you in reviewing prenuptial agreements and ensure proper legal procedures were followed.