How to get a Divorce in QLD – Everything you need to know
Separation and divorce are not something to take lightly – nor is it an easy topic to discuss or navigate. But if you need legal guidance, our compassionate divorce lawyers in QLD are here to help. Backed by years of industry expertise, we help minimise the stress of the situation, protect your assets and return certainty for you to build your new life.
This blog breaks down the legal requirements and process of filing for a divorce in QLD, including how long it takes and how much it costs. Continue reading to gain clarity and confidence in your next steps.
What is the process of a Divorce in QLD?
Step 1. File a divorce application
For a Court to grant a divorce, the court documents must show that the parties have separated and have lived separate lives for no less than 12 months. In addition, if a child or children under 18 years are involved, proper arrangements must also be made for them.
Some couples, due to financial hardship or other reasons, continue to live in the same house after they have separated. This situation is defined as ‘separation under one roof’. To apply for divorce, spouses living under one roof will need to provide extra evidence, as outlined in this blog.
Can I still apply for a divorce even if my partner disagrees?
While it is easier if both spouses agree and sign the same court documents, you can apply for a divorce without your spouse’s consent by filing and arranging to serve your documents for divorce on your spouse. Provided your court documents include all required information, your spouse has limited grounds to stop a court from granting a divorce.
Can I still apply for a divorce even if we’re married overseas?
Yes. You can apply for a divorce in Australia if you are married overseas, provided you or your spouse are Australian citizens, or you are living in Australia when you file your application. You will need to include the document that proves you married overseas, translated if necessary.
Step 2. Prepare supporting documents and evidence
Before you can file your divorce application in QLD, you must collect all relevant documents. These documents typically include the following:
- Passport or Proof of Citizenship
- Marriage Certificate
- A statement (Affidavit) from family and friends confirming your separation if you lived with your spouse under the same roof for part of the 12-month period you are relying on to obtain a divorce.
- Counselling Certificate (this is mandatory if you were married less than two years before filing for divorce).
- Any other applicable court applications and court orders
Once you have gathered all this information, you can submit your application to the court.
How much does it cost to get a divorce in QLD?
To apply for a divorce in QLD, you will have to pay a government filing fee, which is currently set at $990. In some cases, such as financial hardship, you can appeal to have this fee reduced to $330.
Depending on your circumstance, other fees may also apply, such as replacing a lost marriage certificate or language translations for international legal documents.
Our experienced family lawyers can help you through this entire process, ensuring you’re paying the appropriate value and supplying the correct information. Simply contact one of our friendly team to organise a no-obligation consultation.
How long does it take to get divorce in QLD?
It can take about 4 to 6 months after you file your court documents asking for a divorce. After the court accepts your documents, they will list your matter for a court hearing to determine whether to grant your divorce. This court date is generally listed about 3 to 5 months after you file your court documents.
If the court approves your divorce at the hearing, you must wait a month before they provide you with your Divorce Order. It is only then that your marriage is terminated, and you can remarry.
Compassionate legal guidance – obtain what’s rightfully yours
We understand that legal services can seem costly. However, considering the amount of time, paperwork, and emotional toll navigating divorce involves, having a caring and supportive team in your corner can make a world of difference. Especially when children and shared assets are involved – you want to streamline this process as much as possible.
Our experienced divorce lawyers are specialists in family law and treat each case with the utmost attention and respect. We will empower you with the knowledge and advice you need to minimise costs, protect your assets and achieve your desired outcome.
Lessen the emotional and financial stress of divorce or separation with Brisbane’s best. Call us or submit an enquiry to organise your affordable, fixed-fee consultation today.