Brisbane Divorce Lawyer - here to guide you
Divorce is one of life’s most challenging events, and is not something you should face alone. By engaging a divorce lawyer that can help you navigate this tough and often confusing journey, you’ll have a better handle of the legalities of this transition and have more time to focus on other aspects of your life in the process.
There’s more to divorce than sending in or signing off a divorce application. While the Family Law Act requires that partners be separated for 12 months before applying for divorce, there’s no need for you to wait that long to settle other legal matters relating to your separation.
For example, you can make arrangements for the care of your children and also settle any financial matters long before you file for a divorce. This can make the process a lot smoother, and allow you and your partner to sort out the important issues before officially divorcing.
Experienced Divorce Lawyers For Your Unique Situation
Our dv lawyers are well-versed in complex family law matters and can help you through your separation and divorce tailored to your circumstances. The fact is, while some divorces go through without a hitch, some others will have specific obstacles that require legal representation and assistance.
At Franklin Family Law, we’ve made sure that our experienced Brisbane divorce lawyer are well-rounded and highly experienced in the different aspects of family law and divorce. Our team can provide legal assistance and prepare supporting documents for more complex situations, including:
Former couples who continue to live in the same household during separation
Domestic violence within the relationship leading to divorce
Partners with high conflict and narcissistic tendencies
Same-sex and LGBT partners
Marriages that cross international borders
We understand that your divorce - like your marriage - is unique, and won’t look like anyone else’s. That’s why we pride ourselves on helping you approach your divorce in a way that works for you.
Speak with one of Brisbane’s leading Family Law Firms
If you are separated, or thinking of separating from your partner and considering divorce, we urge you to call us now for a no-obligation chat with us so you can gain more clarity on the next steps you’ll need to take. If you require a divorce lawyer in Brisbane call us here.
Alternately, if you’d like a more detailed insight and strategy for your separation and divorce, our initial consultation is charged at a flat rate of $330.00 (including GST). For this fixed fee, you’ll have access to a divorce lawyer that will offer legal advice that is tailored to your specific situation so you have a more accurate view of what you need to do moving forward.
We’re here to help you navigate the challenges
When you decide that a divorce is best for you, don’t hesitate to contact Franklin Family Law. Our family law lawyers Brisbane are highly experienced and will work closely with you to get a favourable outcome for you and if there are children involved.
“Jennifer was the balance I was looking for between thorough knowledge of process and kindness and compassion. She took an emotional and difficult situation and helped me navigate it safely and securely. I was no longer battling this big thing on my own - I was part of a team, and I'm enormously grateful for Jennifer's experience, friendship and wisdom.”
- Carolyn .T
Contact Trusted Divorce Lawyers in Brisbane
We have two convenient locations in Brisbane we can consult you from - Brisbane CBD and Camp Hill. Alternatively, we offer zoom consultations for your convenience. Our team of lawyers are ready to help you however we can so book in a time with us today.
Frequently Asked Questions
To allow for more time to deal with your specific circumstances during our initial consultations, we’ve prepared this handy FAQ that covers some general topics and help you understand the divorce process a little better before meeting with our team of dv lawyers or Brisbane.
Does the court need to know the reason for my divorce?
In short, no! In Australia, divorce follows the no-fault principle. This means that the court doesn’t need to know why you’re getting divorced, just that your marriage has irretrievably broken down. As long as you and your spouse have been formally separated for at least 12 months, you have grounds to file for a divorce – even if part of that 12 month period you remained living ‘under the one roof’.
One exception is if you’ve been married less than two years. In that case, you will have to undergo counselling together to discuss possible reconciliation. In the event that one or both of you still want to separate, you’ll need to file a Counselling Certificate along with your divorce application.
Can my spouse refuse a divorce application?
Only in very rare circumstances. In most circumstances, a court can still grant a divorce even if your spouse refuses to sign any documents or co-operate with the process.
Does my divorce include property and parenting matters too?
A divorce deals only with formally ending a marriage. It does not include division of property, details for the care of children, or any financial matter. All these other matters are settled separately to the divorce.
However, we recommend that you deal with these other aspects as soon as you can - decisions around property and finance, can be done any time after a formal separation and up to 12 months after a divorce has been granted. Parenting orders can be made at any time.
I am a member of the LGBTI+ community. Can I get a divorce?
Same-sex marriage became recognised in Australia on 7 December 2017, and this recognition applies retrospectively too. This means that married LGBTI+ couples can apply for divorce even if their marriage took place before that date. As with non-LGBTI+ couples, the 12-month separation is still required before you apply for a divorce.
If you’re in a same-sex relationship but not married, we can still help you with property settlement arrangements.
Do I have to attend the divorce hearing?
It depends. If you and your former partner are jointly applying for divorce, you will not be required to attend. If you or your former partner are the sole applicant on the divorce application with no children under 18 years old, you will not be required to attend.
However, if you or your former partner are the sole applicant on the divorce application with children under the age of 18, you will be required to attend.
Should you be unable to attend a hearing, your lawyer may attend on your behalf. You may also be able to appear before the Court by telephone.
I need an international divorce lawyer, can you help?
Yes, we can assist in your divorce application even if it involves you or your spouse living in another country.
How do I apply for divorce if I was married overseas?
You will still need to follow the same process for a divorce even if you were married overseas, as long as you or your former partner fit the following criteria:
regard Australia as your home and intend to live in Australia indefinitely, or
are an Australian citizen by birth, descent or by grant of Australian citizenship, or
ordinarily live in Australia and have done so for the 12 months immediately before filing for divorce.
Does Australia recognise a divorce made overseas?
If you and your former partner have been granted a divorce in another country, it will be recognised in Australia. You do not need to register your divorce in Australia.
How long does divorce take in australia?
The process of filing your application, waiting for a hearing day and the court hearing (which only takes a few minutes) usually takes about 8-12 weeks. Provided there are no extenuating circumstances or additional documents required, a divorce is normally granted one month and one day after the hearing.
When can I remarry after my divorce?
We highly recommend waiting until your divorce is granted before planning another marriage. Not all divorces are finalised at the very first hearing, so there is no guarantee of an exact date for granting a divorce. The only way to ensure your new marriage can be formally recognised is to wait until your previous marriage has formally ended.