A divorce is the legal end of a marriage. In Australia it is a separate process from sorting out your property settlement and your parenting arrangements — granting a divorce simply dissolves the marriage; it does not, by itself, divide your assets or decide where your children live. Understanding that distinction is the first step, and at Bruce Dulley Family Lawyers we help Brisbane clients through every part of separation, including the divorce application itself.
Australia has a "no-fault" divorce system. This means the Court is not interested in who was to blame for the marriage ending. There is only one ground for divorce: that the marriage has broken down irretrievably, demonstrated by the parties having been separated for at least 12 months. You do not need to prove adultery, cruelty or any other misconduct. You simply need to establish that the relationship is over and that you have lived separately and apart for the required period.
The 12-month separation requirement has some nuances that often catch people out. It is possible to be "separated under one roof" — that is, to be separated while still living in the same home, perhaps for financial reasons or for the children. The Court can grant a divorce in this situation, but you will need to provide additional evidence (often an affidavit from yourself and an independent person) showing that, although you remained in the same house, the marriage had genuinely ended — separate rooms, separate finances, the cessation of the marital relationship, and so on. There is also a provision for couples who reconcile: if you get back together for a period of up to three months and then separate again, the periods of separation can be added together, but a reconciliation of three months or more resets the clock.
Where there are children under 18, the Court must be satisfied that proper arrangements have been made for their care, welfare and development before it will grant the divorce.
You can apply for divorce on your own (a sole application) or together with your spouse (a joint application). A joint application is simpler and neither party needs to attend court. With a sole application, you must arrange for your spouse to be properly served with the documents, and you may need to attend a brief hearing if there are children under 18 and it is not a joint application. The process is now largely online through the Commonwealth Courts Portal, and once the divorce order is made it usually takes effect one month and one day later.
The most important practical point we give clients is about timing and property. Once your divorce becomes final, a strict 12-month time limit begins, within which you must apply for a property settlement or spousal maintenance. Many people focus on getting divorced and overlook this deadline, only to find their right to claim has lapsed. For that reason we usually advise resolving — or at least properly protecting — your property and financial position before or alongside the divorce, not after it.
We make the divorce process as simple and stress-free as possible, prepare your application correctly the first time, and make sure your wider rights are protected. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.
Related family law topics
Many of our clients also need advice on Matrimonial Property Settlement , Parenting Arrangements & Children's Matters , Spousal Maintenance and Binding Financial Agreements .