The end of a marriage is a challenging experience. Nobody plans for it, but you may find yourself in legal chaos when it happens. More than that, it can also drain you emotionally and financially.
IBISWorld* reports that the number of divorces is expected to reach 53,610 in 2026, a 1.4% increase from the previous year. Yet, most people don’t know what to do next. In fact, 73% of Australians report they weren’t financially ready for separation. In such an overwhelming situation, having the right legal support and representation can make all the difference.
At ALF Lawyers, we’ve worked with many individuals and families who are going through this. We know how important it is to get the right guidance early on. Before we walk you through the step-by-step process, let’s explore the real-life complexities that make divorce more than just a legal matter.
Complexities of Divorce in Australia
While the legal process may seem straightforward on paper, divorce is rarely simple in real life. Many people face a combination of emotional, legal, financial, and practical hurdles that make separation far more complex than they expected.
Here are some of the key challenges we often see at ALF Lawyers:
- Separation under one roof
Financial or parenting needs often force couples to live together during separation, making legal proof of separation harder.
- Parenting disputes
Deciding where children will live, how time will be shared, or who has decision-making power can become emotionally draining and legally intense.
- Property division confusion
Many couples don’t know how to divide shared assets, superannuation, or debts, especially when things aren’t clearly documented.
- Spousal maintenance disputes
One partner may need financial support post-divorce, creating additional negotiations or legal claims.
- Visa and immigration impacts
If one partner is on a partner visa, divorce can immediately affect residency rights.
That’s where experienced legal support matters.
Contact ALF Lawyers. We help you navigate both the legal process and the human complexities that come with it.
Step 1: Divorce Eligibility in Queensland
In Australia, divorce is “no-fault”, which means you don’t need to prove wrongdoing. The only legal requirement is that the marriage has broken down irretrievably.
To apply for divorce:
- You must be separated for at least 12 months, and
- At least one party must regard the marriage as over.
If you’ve been married for less than two years, you’ll also need to attend counselling or explain why this hasn’t occurred.
Step 2: Separation & Living Arrangements During the Divorce
In some divorce cases, we notice that couples stay in the same home. Primary reasons are financial challenges or parenting commitments. If you are in the same basket, you have to provide more evidence.
Major factors that show separation:
- Sleeping in different rooms
- Separate finances
- Minimal shared activities
Expert insight: “What matters is not where you live, but how you live,” says an ALF family law solicitor. “Being separated under one roof is acceptable, as long as it reflects the reality of the relationship breakdown.”
Step 3: How to Fill Out a Divorce Application
You can apply:
- Individually (sole application), or
- Together (joint application)
Documents you’ll need include:
- A copy of your marriage certificate
- Proof of jurisdiction (i.e., you or your spouse lives in Australia)
- Parenting or financial arrangements, if relevant
All applications are lodged online via the Commonwealth Courts Portal, managed by the Federal Circuit and Family Court of Australia. You can begin your application here: Apply for Divorce – Commonwealth Courts Portal.
Joint vs Sole Divorce Applications: What’s the Difference?
| Aspect | Joint Application | Sole Application |
|---|---|---|
| Who applies | Both parties apply together | One party applies alone |
| Service of documents | Not required | Required: must serve documents to your ex |
| Court hearing | Usually not needed (if no kids under 18) | Required if children under 18 are involved |
| Level of conflict | Generally cooperative | May involve more disputes or a lack of contact |
| Best for | Amicable separations | Situations with no contact or disagreement |
You Must Read: How Much Does It Cost to Get A Divorce?
Step 4: How Divorce Affects Children And What the Court Looks For
Image source: https://nordlaw.net/blog/family-law/representing-children-during-divorce/
If you have children under 18, the Court must be satisfied that suitable arrangements are in place before granting a divorce. This does not mean a formal parenting plan, but basic information about:
- Where will children live
- Schooling and healthcare
- Time spent with each parent
Step 5: Attending the Divorce Hearing
If it’s a joint application and there are no children under 18, you likely won’t need to attend a hearing. If you’ve applied solely and have children, you must attend.
The hearing is straightforward. The Registrar confirms your eligibility and checks child welfare arrangements. A divorce order is usually granted the same day and becomes final one month and one day later.
Considering separation? Speak to ALF’s experienced divorce lawyers in Brisbane for clear advice and support from day one.
Step 6: Court Decision and Divorce Finalisation
Your divorce is not legally final until the Court issues the divorce order. In many cases, couples also choose to formalise their parenting or property arrangements through a Consent Order, which provides court-approved certainty without the need for a drawn-out trial.
Once it’s finalised,
- You are free to remarry
- You have 12 months to apply for property settlement or spousal maintenance
Miss the deadline? You’ll need permission from the Court to proceed, which is why it’s best to get advice early.
When Should You Contact a Divorce Lawyer?
Here’s when it’s worth reaching out:
- You’re unsure if you’re eligible
- You’re separating under one roof
- Children or property are involved
- You want clarity before submitting documents
- You’re experiencing threats, coercion or financial abuse
Even if things seem “amicable”, experienced divorce lawyers can help you avoid mistakes and be better placed to know when to apply for a divorce.
Conclusion
Divorce is a daunting process, and it gets even worse if you don’t take steps in time. Taking early steps can save you from unnecessary stress and financial damage.
Early legal help provides:
- Clarity on your rights
- Strategic planning for your finances
- Guidance on parenting and property issues
- Stronger negotiation leverage
Let’s make divorce less overwhelming for you.
Talk to experienced divorce lawyers at ALF Lawyers in Brisbane today. We’ll help you understand your rights and guide you through the process with empathy and professionalism.
FAQs About Divorce in Australia
- What is the time duration of the divorce process in Australia?
It takes around 4 months to complete the entire process, but the documentation and complexity of the case can stretch it longer.
- Can we live in the same house after the divorce?
Yes, you can. You’ll need to present extra evidence that proves your relationship has ended, such as separate finances and minimal shared activities.
- How much do I have to pay for the divorce application fee?
The cost to file the divorce application is around $1,125. These fees are set by Federal Government Regulations – Family Law (Fees) Regulations 2022.
- Do I have to attend court hearings?
Sometimes. If you apply together and don’t have any kids, you might not be required to show up. But if one of you applies and there are children involved, then you might have to attend the hearing.
- Does the divorce process also take care of the kids and property settlement?
No, it only ends the relationship. For property and children settlement, you have to follow a different procedure. This article explains how child custody (now referred to as parenting arrangements) is determined after separation or divorce in Australia, focusing on the best interests of the child and the role of the Family Court in making decisions when parents cannot agree.
