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Fixed Fee Divorce Lawyers

barton family lawyers

Separation is never an easy process and when it comes to navigating the legal side of things, having an experienced family law firm on your side can make all the difference. At Barton Family Lawyers, we only do family law and are experts in our field. Our Divorce Lawyers Brisbane collaborate as a team to provide you tailored advice that is practical, strategic and solution focused in order to deliver the best practical outcome to you that makes a positive difference to your life.

Every step of the way, the Barton Family Lawyers team will provide as much knowledge as possible to ensure you have a well-rounded view of how we can move forward with your legal proceedings.

For family law advice from a team that collaborate to deliver you the best practical outcome for you and your children, contact our team at Barton Family Lawyers to book a reduced rate initial consultation today with one of our experienced Divorce Lawyers Brisbane by calling 3465 9332, or contacting us online.

Divorce lawyers Brisbane

At Barton Family Lawyers, we provide a fixed fee quote for the work you require us to do, which means you won’t be charged every time you speak with one of our Divorce Lawyers Brisbane. Having certainty about your fees means you are in control of your legal costs and they can’t be hiked up by the other party.

FAQs

How long do you have to be separated before divorce in Australia?

You must be separated for at least 12 months before you can apply for a divorce.

If you have been living under the one roof following your separation, you can still apply for divorce provided you swear to the separation in your divorce application and the other party/a third party swears to the separation also. You and the other party (or if the other party does not agree, you and a third party) will also need to file an affidavit to provide additional evidence to the Court showing you have been living separately and apart under the same roof for the last 12 months.

What if one spouse doesn’t want a divorce?  Can a spouse stop a divorce?

You do not need the other party’s consent to get a divorce and the other party cannot stop you from getting a divorce. In Australia, there is no need for you to provide any reasons for your divorce other than that your relationship has broken down irretrievably.

There are 4 things that the court must be satisfied with before granting your divorce:

  1. The Marriage has broken down irretrievably (separation for 12 months is necessary).
  2. One of the parties is either an Australian citizen, resident or lived in Australia for 12 months.
  3. There have been adequate arrangements put in place for the care of the children (if any) – this does not mean you need a parenting plan or court order in place. The Court simply needs to be satisfied someone is taking care of the children. This information should be included in your application for divorce.
  4. If the Application is a sole application, you must serve your former spouse at least twenty-eight (28) days prior to the Hearing (if the ex-spouse lives in Australia) or at least sixty (60) days prior to the Hearing (if the ex-spouse lives overseas)

Do both parties have to sign divorce papers in Australia?

No. You can make a joint application for a divorce, whereby both you and your former spouse sign the application, or you can make a sole application for divorce.

The only difference with a sole application is that you will need to have the application served personally on your former spouse via a process server, and this must be done at least twenty-eight (28) days prior to the Hearing.

How does a person get served divorce papers?

You can serve your ex-spouse divorce papers by post or by hand. You cannot serve the application on your ex-spouse yourself.

You must arrange for a person over 18 years of age to serve the documents on your ex-spouse (the respondent). The person serving the documents can be a family member, friend, or a professional process server.

The documents you will need to give to the server to serve on the Respondent are:

  • Sealed copy of the Application for Divorce,
  • Sealed copy of the Affidavit of efiling,
  • Copy of the Marriage, families and separation brochure, and
  • Any other documents filed with the Federal Circuit Court relating to your Divorce Application
  • Acknowledgment of Service (to be signed at Part C by your ex-spouse.

What do I do once the documents have been served?

If the respondent signs the Acknowledgement of Service (Divorce) the server must complete the Affidavit of Service by hand and attach the original signed Acknowledgement of Service. The annexure note at the bottom of the Acknowledgement of Service should also be signed by the witness at the same time as witnessing the Affidavit of Service by hand.

If the server does not know the respondent, the applicant must complete the Affidavit Proving Signature and attach a photocopy of the Acknowledgement of Service.

If the respondent refuses to sign the Acknowledgement of Service, the server should complete the Affidavit of Service by hand and tick the appropriate box at Part B of the document.

After the documents are signed, you will need to upload the forms to the Commonwealth Courts Portal (www.comcourts.gov.au).

What do I need to apply?

You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).

What about the children?

The court needs to be satisfied that your children are being taken care of before a divorce will be granted but will not expect that you have a formal agreement in place in regard to the children’s living arrangements.

What about property & assets?

You do not need to have finalised your asset division (property settlement) to be able to apply for a divorce.

However, we advise you to make an effort to resolve your property settlement issues before applying for a divorce.

You may be able to reach agreement with your ex-partner without having to go to court. This agreement should always be formalised by way of a consent order. If you would like to know more about the process of legally formalising a property settlement, check out our divorce lawyers Brisbane property settlement page.

Bear in mind that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.

How are assets split in a divorce in Australia?

If the court has jurisdiction to make an order altering the property interests of the parties, it does so after considering the following 5 step process:

  1. Is it just and equitable to make an order given the parties’ circumstances?
  2. What is the nature and value of the property interests of the parties, including superannuation?
  3. What have been, and continue to be the financial, non-financial and homemaker contributions to the maintenance and upkeep of that property?
  4. What are the parties’ future needs, as defined by factors set out in section 75(2) of the Family Law Act?
  5. How can an order be made which is just and equitable.

Visit our Divorce Lawyers Brisbane property Settlement page for more information on this topic and book a clean slate consultation with one of our divorce lawyers Brisbane.

How long does it take to get a divorce in Qld?

When you lodge your application the court will advise the date of the hearing, usually within 3 – 5 months. The hearing is not long, and you may not need to attend. If you have children under 18 your attendance at court is required. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted. So on average, it takes 4 to 6 months for your divorce to become final, which will enable you to remarry.

Want to know more about Divorce and when you should obtain legal advice from our Divorce Lawyers Brisbane? Read our article Divorce Lawyers Brisbane – What you need to know to find out about the myths and facts of divorce.

Why does a divorce take so long?

There are many people who are applying for a divorce at the same time as you. With approximately 50% of all marriages ending in divorce, that is a long list of applications the court has to deal with!

What should you not do during a divorce?

Do not sell assets and do not purchase new assets before doing a formal property settlement agreement between you and your former partner regarding the division of your assets.

What is the average fee for a divorce?

The average divorce application costs between $1,500 and $2,000, plus the court filing fee. The costs that you will pay will depend on the circumstances of your case.

Note, this does not include the cost of a formal financial agreement (a binding financial agreement or consent order) which deals with the division of your assets.

Is there any advantage to filing for divorce first?

No. However, there is sometimes an advantage to file your application for divorce sooner, rather than later, depending on the circumstances of your case.

Is it better to get separated or divorced?

This will depend on the specific circumstances of your case. Contact one of our experienced divorce lawyers Brisbane to discuss which option is right in your individual case.

Why would someone stall a divorce?

There is no good reason to stall a divorce. We suspect people that try to stall a divorce are doing so to hurt/harm you by extending the process and causing you further financial and emotional stress.

Want information on a specific area of family law?

Divorce Lawyers Brisbane

  1. Divorce Lawyers Brisbane – What you need to know
  2. Separation & Divorce – what is the difference? 
  3. Validity of overseas orders – parenting, marriage, divorce
  4. Impact of overseas divorce on Australian property settlement

Parenting issues

If you want more information from our experienced separation lawyers Brisbane wide on issues relating to parenting disputes, check out our Common Questions page as well as the following family law articles:

  1. Fact Sheet – Children – A guide for separated parents
  2. How to spend more time with your children
  3. What is substantial and significant time 
  4. Parental Alienation in Family Court Disputes – Part 1
  5. Parental Alienation in Family Court Disputes – Part 2 
  6. Top 10 things people do wrong in child custody matters
  7. What age can a child decide where they live?
  8. Admissibility of recordings in family law cases 
  9. Am I a parent?
  10. I’m Not a parent. Can I apply for a parenting order? 
  11. I want sole custody
  12. Can I go to court without doing mediation first?
  13. Can parenting orders be changed? 
  14. Relocation of Children
  15. Prevention is better than cure – interim relocation cases?
  16. Unilateral relocation of children
  17. International travel with children after separation
  18. My ex is breaching a parenting order. What do I do? 
  19. When is supervised time ordered?
  20. Is a child’s changed views enough to change a parenting order? 
  21. Interim parenting orders – why can’t the judge make the orders I want? 
  22. When can you change your child’s surname?
  23. Domestic violence order applications – boosting prospects of success

You may also like to check out our family law information videos for helpful tips, advice and information following separation on parenting related issues:

  1. Why can’t the judge make the orders I want at the first court date?
  2. What is the purpose of the Family Report?
  3. When can a child decide where they live?
  4. When can a parenting order be changed?
  5. Facebook and family court 
  6. How to formalise a property settlement or parenting order
  7. Frequently asked questions – the initial consultation 
  8. Client stories with Courtney

You may also find the following family court information pages and fact sheets helpful:

  1. If you agree on parenting arrangements; 
  2. If you do not agree on parenting arrangements; 
  3. Compulsory Family dispute resolution – court procedures & requirements; 
  4. Marriages, Families & separation; 
  5. Parenting orders – obligations, consequences and who can help; 
  6. Complying with orders about children; 
  7. How do I apply for parenting orders? 

Property Settlement / Asset division issues

If you want more information from our Divorce Lawyers Brisbane about your property settlement dispute, check out our Common Questions page and the following articles:

  1. What to do and what not to do when you separate
  2. Why you should formalise your property settlement; 
  3. Is Domestic violence relevant in a property settlement?
  4. 6 secrets revealed to protect your assets 
  5. 10 tips to protect your assets
  6. 6 things you must know before hiring a family lawyer
  7. Your Duty of Disclosure 
  8. Spousal Maintenance – supporting your ex partner after separation 
  9. Initial contribution of assets in a long relationship 
  10. What is the just and equitable requirement?
  11. Chancellor & Mccoy – no property order just & equitable after 27 year relationship
  12. Am I in a de facto relationship?
  13. Property acquired after separation – how is it treated? 
  14. Future inheritances – when are they taken into account?
  15. Failure to disclose an asset can derail consent orders 
  16. Consequences of Defaulting on property orders 
  17. Varying property orders 
  18. Who stays in the home after separation?
  19. Can the court order someone to leave the house – ouster orders 
  20. Money lent from parents – gift or loan?
  21. The impact of centrelink fraud on a property settlement 
  22. CGT rollover relief for transfers of property pursuant to family court orders 
  23. Costs orders 
  24. Divorce – what you need to know
  25. Going back to work after divorce 

You may also like to check out our family law information videos for helpful tips, advice and information following separation in relation to property settlement related issues:

  1. What is my separation date?
  2. How do I leave a relationship with no financial means?
  3. How a court determines your property settlement entitlements
  4. Time limits on property settlements 
  5. 6 things you must know before hiring a family lawyer
  6. What to do and what not to do when you separate
  7. How to formalise a property settlement or parenting agreement 

You may also find the following family court information pages & fact sheets helpful:

  1. Property and finances after separation; 
  2. Reaching an Agreement without going to court; 
  3. If you agree about property & finance; 
  4. If you don’t agree about property & finance; 
  5. Complying with Financial Orders.

barton family lawyers

I cannot recommend this law firm enough, especially Shania, who has been nothing short of exceptional. Right from the start, she was a total professional and a fierce advocate. Shania knew exactly what I wanted, stayed focused, and went straight for it without hesitation. Her presentation of my case was flawless; her delivery was so sharp it left everyone speechless. She’s been on point every step of the way, and so far, she has secured everything I hoped for, heading into the final hearing with a strong foundation.

I chose this firm because of their deep expertise in handling narcissistic abuse cases, and Shania has demonstrated an exceptional understanding of the complexities involved. This is a lawyer that truly knows what she’s doing, and she’s incredibly dedicated to delivering results. Don’t waste time looking elsewhere—go straight to this firm. Shania knows what you’re going through, understands what you need, and will go above and beyond to get it for you.

Jai

Forever grateful to Chris and Rachel and the whole team at Barton Family law for keeping my child and myself safe. They went above and beyond and there were no hidden costs or surprises to stress about such as paying per email or phone call throughout the ordeal. They were upfront and honest and made sure I was well represented. Thank you all so much for everything.

Nat

Barton Family Lawyers are an exceptional group of people.

Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

I owe my future in large part to you and will be a lifelong advocate.

Timothy

Barton Family Lawyers were fantastic – especially Ellie. Ellie was so professional, thoughtful & proactive with her dealings with me. She was always keeping me updated & was so genuine in looking after me & my best interests. In the most stressful & difficult time in my life Ellie always went above & beyond to ensure this was one area I didn’t need to worry about. I absolutely recommend Ellie & Barton Family Lawyers! 😊

Debbie

Ellie and Alice make a wonderful team. Ellie is incredibly knowledgeable, thorough, precise and approachable. She ensures you have a full understanding of processes and timelines by providing detailed information and maintaining regular contact. I felt supported throughout the entire process. Alice was an integral part of the entire process and really made me feel I always had a point of contact, was calm and considerate no matter the query and really spent quality time assisting when needed. I highly recommended Barton Family Lawyers and this team in particular.

Kelly

Had the most incredible experience with Barton Family Law. Shinai and the entire team were always so helpful and made me feel like I had someone in my corner fighting for me. They helped navigate me through big life challenges and I always felt supported. The fixed fee agreements took so much of the stress away knowing you’re not paying by the hour – and you get a breakdown of what they’re going to do. Couldn’t recommend enough! I will use them again in a heartbeat if I need to!

Keely

Barton Family Lawyers were recommended to me by another law firm as they didn’t deal with family law matters. All of the staff at Barton were very professional and constantly kept me informed every step of the way and they achieved a very good outcome for me without costing a fortune. I would have no hesitation in recommending them to others and already have. You can be confident Barton Family Law will ensure your best interests are their priority.

Frank

Barton Family law handled my separation property settlement, professional and courteous, prompt responses and exceptional advice.
Cailey and Samantha were outstanding and extremely helpful with the whole process.
Highly recommend Barton Family Law for any family law matters

Trent

Thank you Shinai and the team at BFL. They were professional, knowlegable and patient with all my queries and concerns throughout the process, and always communicated in a timely manner. The fixed fee arrangement was great, as I was aware of all costs up front, removing further stress in the process. I am so thankful for the wonderful team that guided me with patience and compassion throughout this journey, and achieved the outcome I had hoped for.

Marta

Shinai and her team were great to deal with during a difficult seperation.

Professional and understanding from start to finish.

I have no hesitation in recommending Barton Family Lawyers

Martin

Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!
1

Nikki

I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

Cath

Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

Felicity

I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

Katrina

Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

Libby

Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

Jen

I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

Scott

Courtney and the team were very professional, prompt and upfront in handling the parent order as well as filing my divorce. The team patiently answered all my questions, talked me through the whole process and were very quick in getting the matter settled – which is ideal during a stressful and upsetting period. I highly recommend their services.

Marcela

I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

Dominique

Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

Sinisa

Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.

Michelle

Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.

Kym

I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

Danny

Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

Highly recommended if you want the work done right, first time.

Chris

Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
I could not have found anyone better to deal with my difficult separation than Barton family firm.
Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.

Amanda