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.
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:
- The Marriage has broken down irretrievably (separation for 12 months is necessary).
- One of the parties is either an Australian citizen, resident or lived in Australia for 12 months.
- 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.
- 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:
- Is it just and equitable to make an order given the parties’ circumstances?
- What is the nature and value of the property interests of the parties, including superannuation?
- What have been, and continue to be the financial, non-financial and homemaker contributions to the maintenance and upkeep of that property?
- What are the parties’ future needs, as defined by factors set out in section 75(2) of the Family Law Act?
- How can an order be made which is just and equitable.
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
- Divorce Lawyers Brisbane – What you need to know
- Separation & Divorce – what is the difference?
- Validity of overseas orders – parenting, marriage, divorce
- Impact of overseas divorce on Australian property settlement
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:
- Fact Sheet – Children – A guide for separated parents
- How to spend more time with your children
- What is substantial and significant time
- Parental Alienation in Family Court Disputes – Part 1
- Parental Alienation in Family Court Disputes – Part 2
- Top 10 things people do wrong in child custody matters
- What age can a child decide where they live?
- Admissibility of recordings in family law cases
- Am I a parent?
- I’m Not a parent. Can I apply for a parenting order?
- I want sole custody
- Can I go to court without doing mediation first?
- Can parenting orders be changed?
- Relocation of Children
- Prevention is better than cure – interim relocation cases?
- Unilateral relocation of children
- International travel with children after separation
- My ex is breaching a parenting order. What do I do?
- When is supervised time ordered?
- Is a child’s changed views enough to change a parenting order?
- Interim parenting orders – why can’t the judge make the orders I want?
- When can you change your child’s surname?
- 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:
- Why can’t the judge make the orders I want at the first court date?
- What is the purpose of the Family Report?
- When can a child decide where they live?
- When can a parenting order be changed?
- Facebook and family court
- How to formalise a property settlement or parenting order
- Frequently asked questions – the initial consultation
- Client stories with Courtney
You may also find the following family court information pages and fact sheets helpful:
- If you agree on parenting arrangements;
- If you do not agree on parenting arrangements;
- Compulsory Family dispute resolution – court procedures & requirements;
- Marriages, Families & separation;
- Parenting orders – obligations, consequences and who can help;
- Complying with orders about children;
- 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:
- What to do and what not to do when you separate
- Why you should formalise your property settlement;
- Is Domestic violence relevant in a property settlement?
- 6 secrets revealed to protect your assets
- 10 tips to protect your assets
- 6 things you must know before hiring a family lawyer
- Your Duty of Disclosure
- Spousal Maintenance – supporting your ex partner after separation
- Initial contribution of assets in a long relationship
- What is the just and equitable requirement?
- Chancellor & Mccoy – no property order just & equitable after 27 year relationship
- Am I in a de facto relationship?
- Property acquired after separation – how is it treated?
- Future inheritances – when are they taken into account?
- Failure to disclose an asset can derail consent orders
- Consequences of Defaulting on property orders
- Varying property orders
- Who stays in the home after separation?
- Can the court order someone to leave the house – ouster orders
- Money lent from parents – gift or loan?
- The impact of centrelink fraud on a property settlement
- CGT rollover relief for transfers of property pursuant to family court orders
- Costs orders
- Divorce – what you need to know
- 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:
- What is my separation date?
- How do I leave a relationship with no financial means?
- How a court determines your property settlement entitlements
- Time limits on property settlements
- 6 things you must know before hiring a family lawyer
- What to do and what not to do when you separate
- How to formalise a property settlement or parenting agreement
You may also find the following family court information pages & fact sheets helpful:
- Property and finances after separation;
- Reaching an Agreement without going to court;
- If you agree about property & finance;
- If you don’t agree about property & finance;
- Complying with Financial Orders.
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!
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.
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.
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
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.
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.
So far so good Chris, Rachel and the team at Barton Family Law, have been a exceptionally patient & helpful with my somewhat difficult case. As a veteran things can be quite complicated with regards to family matters. Would highly recommend 🙂
Barton Family Lawyers, or the ‘Dream Team’ as I like to call them. I cannot recommend Courtney, George and the team at Barton Family Law highly enough.
The last couple of years have been the worst experience of my life, but I was backed and supported 100 percent by the whole team at BFL. Nothing was ever an issue, me asking thousands of questions, me emailing stacks of questions, me crying on the phone was never an issue. I had nothing but support and expert advice the whole way through.
I can honestly say I wouldn’t be where I am today without everything Barton Family Lawyers did for me. Courtney, George, Tenayah, Ellie, Alice, thank you from the bottom of my heart for everything. The whole team got me the absolute best results and I will forever be thankful.
To the queen of her team, Courtney, thank you. Thank you for absolutely everything. From day one you have been right at my side and have made me stand up and fight for what is right. You have given me back my power and I can never thank you enough for it all. You have been my voice when I wasn’t able to speak and have fought for me the whole way though.
From the bottom of my heart, thank you. I will scream the praise of you and your team to anyone who will listen.
To whom it may concern,
Ellie Prior and Barton Family Law were great to work with during a difficult time. Separations are tough, but Ellie consistently kept her cool and remained positive. Ms Prior offered timely expert advice/options for each circumstance throughout the proceedings.
Gladly, an agreement was reached that both sides were comfortable with. My family’s future is bright and I appreciate Ellie’s hard work.
Lawyers are expensive… Although, I am preferential to the Barton Family Law billing process. IMO Barton’s billing is superior to the law firm I was previously engaged with. Basically, Barton Family Law quote in stages for their work and don’t hit you with surprise extra charges. Three times money was left over in trust to be used for the next stage in court. My feeling throughout the proceedings was that Barton’s billing was fair.
Separations are stressful, Ellie and the Barton Family Law crew helped to make it as painless as possible.
Thanks Ellie, Courtney and the Barton Crew.
Amazing, amazing people, amazing location, just amazing everything
Thank you Courtney for your excellent service. Amazing professionalism & so efficient also showing compassion & understanding..the BEST in her field & I was so fortunate to have her support & advice…highly recommend.
Courtney and her team have been terrific in assisting me with my matter. Excellent communication, swift action and a very professional service – I highly recommend Barton Family Lawyers.
I can’t thank Courtney enough for her dedication to achieving not only the best outcome for me but also what is fair and right.
My children and I are forever grateful.
The team at Barton Family Lawyers went above and beyond to enable a property settlement which enable me to move forward with my life. I highly recommend Courtney and the team for all your family law needs.
With experience and know how far beyond her years. I cannot thank or recommend anyone any higher than Courtney.
Having worked with many lawyers over the past 10 years she not only did the legal work to its absolute finest but more importantly she got my daughter back in my life at a time when at one stage I had given up hope.
She is such an authentic person & while she won’t sugar coat anything she is someone you want in your corner.
I highly recommend Courtney Barton, of Barton Family lawyers, for matters including domestic violence and property settlement. The legal system is very traumatising for domestic violence victims and Courtney helped me navigate this, with empathy and her extensive knowledge of the legal system. Courtney clearly explained the process and my options. Courtney helped enable me to successfully seek a domestic violence protection order, and a favourable property settlement outcome.
Divorce is never an easy journey for any individual regardless of their background, occupation or gender. Particularly so, as emotions are running high, all logic flies out the door and extreme frustration looms over one’s mind making it impossible to make a rational decisions. In a such volatile journey, having the right legal partner makes all the difference. Barton Family Lawyers have helped me keep my emotions at bay and enabled me focus on the issues at hand with a rational mind and thereby allowing me to reach a good result in my property settlement and my divorce.
I was not just a mere client but a lawyer (who practised a different area of law) myself and therefore questioned, examined thoroughly every advice and process Barton Family Lawyers gave and undertook in the family court. I wanted a lawyer who would strongly advocate for me, communicate my arguments/issues with the court and the other side like I would have if I was to defend myself. Barton Family Lawyers did exactly that. They exceeded my expectations and advocated for me so strongly in court or whilst communicating with the other side, but most of all, took all reasonable endeavours to enable me to reach my desired result. I strongly recommend Barton Family Lawyers to anyone who is looking a lawyer that is worth every dollar, produces outstanding quality work and wishes to feel the same vindication I felt through this journey.
From the moment we met Courtney we knew she meant business and that’s exactly how she performed right from start to finish.
She totally exceeded our expectations and we highly recommend her.
Thanks so much Courtney. A job well done and thanks to you a five year old has been reunited with his family
Courtney and her team are nothing short of amazing. Prior to and on the day of our case, the level of organisation and professionalism that was shown was incredible. We got the result we were after and I would recommend Courtney and her team to anyone. ThankYou again to the Barton Family Law team!
Excellent law practice. Courtney is amazing and the support staff are second to none. Very happy with their conduct of my matter and with the result. Highly recommended
I highly recommend Courtney and her team. I was amazed at their response time and their professionalism. They helped my daughter to navigate through a very difficult settlement, giving expert advice and making her feel at ease. There were tight turn around times and they not only met those timeframes but exceeded our expectations. Thank you Courtney, George and Tenayah, you are all amazing.
I highly recommend Courtney for child matters. She is highly professional, very responsive and efficient. Her knowledge and experience with Family Law helped to achieve the best possible outcome for my daughter. I couldn’t have gotten through this difficult time without her honest approach to working with me as a client.
I highly recommend Barton Family Lawyers, Courtney is an amazing lawyer coupled with high level professionalism, empathic and efficient it is an unbeatable combination. She is able to handle any client’s emotional response with calm and confidence, I would not have been able to cope without her direct honest approach. The bonus is that Barton Family Lawyers are fixed fee and very clear so you know where you are a each stage. No surprises at the end and always available. Thank you so much.
Courtney was amazing from our first meeting. The fixed fees are great as you know what you are in for cost wise. She was super organised and and professional and got me a great outcome in the end. A big thank you to both Courtney and George for all your hard work.
Courtney and her team are nothing short of absolutely astounding. Courtney recently represented my partner through an absolutely awfully vindictive and horrid domestic violence and property matter with very very short notice coming up to a court judgment.
Courtney and her team were extremely thorough, fast to respond and spoke from the heart of exactly how my partner was wanting things to be put across.
I’m not sure where we would be without Barton Law, you guys are incredible!