Divorce lawyer Brisbane: clear, calm help through separation and divorce
Supporting you through separation and the divorce process, so you understand each step and know what comes next. We handle the legal side while you focus on moving forward.
Deciding your marriage is over is one of the hardest things you will face. On top of the emotion, you are suddenly expected to understand a legal process nobody prepares you for. Our divorce lawyers in Brisbane are here to make that part simpler. A divorce is the court order that formally ends a marriage, and applying for one is usually more straightforward than many people expect.
According to the Australian Bureau of Statistics, 47,216 divorces were granted in Australia in 2024, after a median marriage length of 13.2 years. Behind each of those numbers is a person working out what to do next. For more than 40 years, families across Brisbane’s Northside have trusted Kelly Lawyers for measured, plain-English guidance. From our Ascot office, we act for clients in Clayfield, Hamilton, Nundah, Kedron, Stafford, Chermside and the surrounding suburbs.
Separation and divorce are not the same thing
Separation and divorce are two different things, and it helps to be clear on both from the start. Separation is the point at which one or both of you decide the relationship is over. Divorce is the legal order that ends the marriage itself. You can be separated for years without being divorced, and you do not need to wait for a divorce before you sort out your property settlement or arrangements for your children.
As a separation lawyer in Brisbane, our first job is often to explain where you stand: what separation means legally, what the date of separation is, and which decisions are urgent compared with which can wait. From there, everything becomes less overwhelming.
How to apply for a divorce in Queensland
Australia has a no-fault divorce system. That means the court does not look at who was to blame for the marriage ending. It only needs to be satisfied that the marriage has broken down and cannot be repaired, shown by 12 months and one day of separation. Applications are made to the Federal Circuit and Family Court of Australia through the Commonwealth Courts Portal.
You must be separated for 12 months
You must be separated for at least 12 months and one day before you can apply for a divorce. The clock starts on the day the relationship ended, not on any paperwork. If you tried living together again to see whether things could work, and it lasted less than three months before you separated once more, that trial will not usually reset the 12 months.
You can be separated under one roof
You can be separated while still living in the same house, which the court recognises as separation under one roof. This is common when finances or children make an immediate move impractical. You will need to show the relationship has genuinely ended, often through separate rooms, finances and social lives, supported by affidavit evidence.
Sole or joint application
You can apply on your own with a sole application, or together with your spouse as a joint application. A joint application is often smoother, avoids the need to formally serve documents, and suits couples who are on reasonable terms. A sole application may be the right path when your spouse will not cooperate, or you have lost contact with them.
What you need to apply
To apply, you will generally need your marriage certificate, proof of your identity and citizenship or residency, and details of your separation. If your marriage certificate is not in English, you will also need a certified translation and supporting affidavit material. We prepare and check the application so it is complete before it is filed.
Serving the application
If you file a sole application, you must arrange for a copy to be served on your spouse. If you genuinely cannot locate your former partner, we can help you understand whether an application for substituted service or dispensation of service may be available, so a missing spouse does not leave you stuck.
If you were married for less than two years
If you have been married for less than two years, you no longer need to attend counselling or file a counselling certificate before you apply. That requirement was removed on 10 June 2025. You still need to have been separated for at least 12 months and one day, and the same divorce process applies however long you were married.
If you have children under 18
Where there are children under 18, the court must be satisfied that proper arrangements are in place for their care before it will grant the divorce. This covers where the children live, their schooling and health care, and how they keep a relationship with both parents. A divorce order does not decide these arrangements. It simply checks that proper arrangements exist.
Working out the parenting arrangements themselves is a separate process, and our Family Law team can help you put a parenting plan or Consent Orders in place calmly and without unnecessary conflict.
How long a divorce takes
Once you have completed the 12 months and one day of separation, the divorce itself usually takes a few months from the day you file, depending on court processing times and whether further information is needed. After the court makes the divorce order, it usually becomes final one month and one day later, and you can then access your digital divorce order.
Property and parenting matters run on their own timeline and can take longer, which is why we often start those conversations early.
What a divorce order does not decide
This is the point most people are never told, and it is the one that matters most. A divorce order ends your marriage. It does not divide your assets, it does not split your superannuation, and it does not settle arrangements for your children. Those are separate steps, and the timing between them is critical.
Once your divorce is final, you have 12 months to start court proceedings for a property settlement or spousal maintenance claim if those issues are not already resolved. If you miss that window, you generally need the court’s permission to proceed. For that reason, we usually recommend dealing with the money side early, so a deadline does not force a rushed outcome.
Parenting arrangements are not tied to the divorce and can be sorted at any time, although the sooner children have stability, the better. We can help you understand how the divorce, property settlement and parenting arrangements fit together, so nothing important is left until it is too late.
Who we help
Our divorce and separation clients are often professionals, parents and business owners with children, property, superannuation or business interests to consider. You may be:
- Recently separated and simply want to understand your options before making any decisions.
- Ready to apply for a divorce and want it handled correctly and with less stress.
- Separated for some time and now realising the 12-month property settlement clock matters.
- Worried about locating or serving a former spouse you have lost contact with.
- Keen to protect superannuation, a trust or a business interest as part of the wider settlement.
- Wanting a calm, discreet process that keeps things civil for the sake of the children.
If your situation is not on this list, it does not mean we cannot help. Call us and we will tell you honestly whether we are the right fit and, if not, where to turn.
How we work
Our process is clear, calm and practical. Four steps, no surprises.
1. Listen to what is happening
Your first conversation is confidential and unhurried. We take the time to understand your relationship, your children, your finances and what you want to achieve before we give advice.
2. Explain your options in plain English
We set out the realistic pathways, from a simple divorce application through to property settlement and parenting arrangements, and explain how Australian family law applies to your situation. No legalese, no jargon.
3. Give you honest timeframes and costs
We tell you up front how long each step is likely to take and what it may cost. If funding options may be relevant, we can explain how they work, so there are no surprises down the track.
4. Keep you updated at every stage
You leave your first meeting with a clear plan and next steps. From there, we keep you informed proactively by phone, video or secure email, whichever suits you best.
Why North Brisbane families choose Kelly Lawyers
- Founded in 1984 and based on Racecourse Road in Ascot, at the heart of Brisbane’s Northside.
- Plain-English advice from Brisbane divorce lawyers. No letters you cannot understand.
- A calm, measured approach that aims to reduce unnecessary conflict.
- Proactive communication, so you know what is happening and what comes next.
- Four practice areas in-house, so your divorce, property settlement and Wills and Estates needs can stay aligned.
- Discreet channels, including confidential phone and video consultations and secure email.
Divorce frequently asked questions
How long do you have to be separated before you can apply for a divorce in Brisbane?
You must be separated for at least 12 months and one day before you can apply for a divorce in Brisbane, and the court must be satisfied there is no reasonable likelihood you will get back together. The 12 months runs from the day the relationship ended, not from any paperwork. If you tried living together again for less than three months and it did not work, that trial will not usually reset the clock.
Can my husband or wife stop me from getting a divorce?
No, your husband or wife cannot simply stop you from getting a divorce in Australia by refusing to agree. Australia has a no-fault divorce system, which means the court does not consider who was to blame, only whether the marriage has broken down irretrievably and you have been separated for at least 12 months and one day. A spouse can dispute facts in the application, but they cannot prevent the divorce just because they do not want it to happen.
Do both people have to sign the divorce application?
No, both people do not have to sign the divorce application. You can file a sole application on your own, or a joint application together with your spouse. A joint application is often simpler because neither of you needs to be formally served, while a sole application may be needed when your spouse will not cooperate or you have lost contact.
Can we be separated but still living in the same house?
Yes, you can be separated while still living in the same house, and the court recognises this as separation under one roof. You will need to show the relationship has genuinely ended, for example through separate sleeping arrangements, separate finances or separate social lives, usually supported by affidavit evidence. This is common when finances or children make moving out difficult straight away.
How long does a divorce take in Queensland?
A divorce in Queensland usually takes a few months from the day you file, provided you have already completed the 12 months and one day of separation and the application is complete. Once the court makes the divorce order, it usually becomes final one month and one day later. Sorting out property and parenting can take longer and runs on a separate track.
Do I have to go to court to get divorced?
In many cases, you do not have to attend court in person to get divorced. Divorce applications are filed online through the Commonwealth Courts Portal, and attendance depends on the type of application and whether the court needs further information. We can explain whether attendance is likely in your situation and guide you through the process.
Does getting divorced sort out my property and finances?
Getting divorced does not sort out your property and finances. A divorce order only ends the marriage. Dividing your assets, superannuation and debts is a separate process called a property settlement. Once your divorce is final, you have 12 months to start court proceedings for a property settlement or spousal maintenance claim if those matters are not already resolved, so it is usually wise to deal with the money side early.
How much does it cost to get divorced in Queensland?
The main court cost of getting divorced in Queensland is the Federal Circuit and Family Court of Australia filing fee. From 1 July 2026, the divorce filing fee is $1,170, or $390 if you are eligible for the reduced fee. Most people also choose to have a lawyer prepare and lodge the application so it is complete and accurate. We set out our costs clearly up front, and property or parenting matters are quoted separately because their scope varies.
What happens to my Will after I divorce?
After you divorce in Queensland, any gift to your former spouse in your Will, and their appointment as Executor, is generally revoked, but the rest of your Will may still stand. That can leave gaps or unintended outcomes, so it is important to review your Will and your Enduring Power of Attorney once you separate. Our Wills and Estates team can help you update your documents as part of moving forward.
These FAQs are general information only, not legal advice for your situation. Every matter is different, and the right next step depends on your circumstances. For advice tailored to you, please speak with our team.
Speak with a Brisbane divorce lawyer today
Separation is hard enough without navigating the legal process on your own. Your first call is confidential and there is no obligation to proceed. We will listen, explain your options in plain English and set out costs in writing before you commit to anything. Call our Ascot office on (07) 3268 7199 or send a confidential enquiry online.