Divorce & Separation Lawyers Brisbane
Can I apply for divorce?
You can apply after 12 months and one day of separation, provided there is no reasonable prospect of getting back together and you or your spouse meet the Australian citizenship or residence requirements.
We check your eligibility and documents, then manage the application through to your final divorce order.
At least one spouse must be an Australian citizen, regard Australia as home and intend to live here indefinitely, or ordinarily live here and have done so for the 12 months immediately before filing.
You will generally need your marriage certificate and evidence of citizenship or residence where applicable. We identify any translation, missing certificate or other supporting evidence required.
Sole or joint application?
Sole application
You apply and sign. Your spouse’s agreement or signature is not required, but they must be formally served. We arrange service and the proof required by the Court.
Joint application
You both apply and sign. No service is required. You can agree to share the single Court filing fee.
We advise which approach suits your circumstances. A joint application does not mean one lawyer automatically acts for both spouses.
How much does divorce cost?
$1,170 standard fee
One Court filing fee for a sole or joint application. If you agree to split a joint fee equally: $585 each.
$390 reduced fee
For eligible applicants. If both joint applicants qualify and agree to split it equally: $195 each.
Legal fees are additional. We explain the work, estimated professional fees and external expenses in a costs agreement before starting. Additional affidavits, difficult service or a contested application can increase the work involved.
Court fees do not attract GST. Process servers, translations and other external expenses are charged separately where required.
Sole application: only the applicant must qualify. Joint application: both spouses must qualify; otherwise the standard fee applies.
Qualifying grounds include being the primary holder of an eligible Health Care Card, Pensioner Concession Card, Commonwealth Seniors Health Card or other qualifying Commonwealth concession card; Legal Aid; Youth Allowance, Austudy or ABSTUDY; being under 18; or qualifying detention. Being a dependant on another person’s card is insufficient.
Financial hardship can also be assessed against income, assets, expenses and liabilities. We identify the appropriate basis and help prepare supporting evidence. A reduction affects the Court fee, not professional or service fees.
FCFCOA fees effective 1 July 2026, checked 19 October 2026. View the current Court fees.
What will we handle?
01
Check and plan
Check eligibility, separation dates, marriage documents and any fee concession; explain the likely costs.
02
Prepare and file
Prepare your application, eFiling affidavit and any extra evidence; arrange signing and filing.
03
Serve and progress
Arrange service for a sole application, file proof and respond to Court requirements. Advise on any necessary hearing.
04
Confirm the final order
Track the outcome and provide your final order. Divorce usually takes effect one month and one day after it is granted.
When is extra help needed?
These issues can require extra evidence or Court orders. Open the circumstances relevant to you to see why they matter and how we help.
Why it matters: Living at the same address can make it less obvious that your marriage has ended. The Court needs evidence of the change in your relationship.
How we help: We prepare detailed affidavits about your living arrangements and identify corroborating evidence. Joint applicants should each provide an affidavit; evidence from another person should ordinarily also be filed.
Why it matters: A sole application normally cannot progress without proof that your spouse has received the documents. An unknown address or unsuccessful service can require further orders.
How we help: We coordinate service, document reasonable attempts and prepare supporting evidence for substituted service or dispensation where appropriate. The Court decides whether to grant those orders.
Why it matters: Overseas service can involve international rules and longer timeframes.
How we help: We identify the applicable service route and arrange the evidence. Service is ordinarily required at least 42 days before the hearing overseas, compared with 28 days in Australia. You cannot personally hand the documents to your spouse.
Why it matters: The Court needs reliable evidence of the marriage and the parties’ identities. Missing overseas certificates, non-English documents and different names can require additional proof.
How we help: We identify the correct documents, coordinate a translation and translator’s affidavit where needed, and prepare evidence explaining missing overseas certificates or name differences. Australian replacement certificates should be obtained from the relevant registry.
Why it matters: A disputed separation date or periods of reconciliation may affect whether the required separation period is established. A contested response may require additional evidence or a hearing.
How we help: We assess the chronology, prepare relevant affidavit evidence and advise on the response, hearing requirements and representation.
Why it matters: The divorce application must explain arrangements for children under 18. Incomplete information can prompt Court questions, although divorce does not determine parenting orders.
How we help: We accurately set out the arrangements and address further information requested by the Court. Having children under 18 does not, by itself, require a sole applicant to attend a hearing.
Client experiences
What divorce does not resolve
Property & finances
You can address financial matters before divorce. After a divorce becomes final, the usual deadline to apply for property or spousal maintenance orders is 12 months. For de facto couples, the usual deadline is two years after separation. Late applications generally require Court permission.
Parenting arrangements
Divorce does not create enforceable arrangements for your children. We can advise separately about suitable parenting agreements and orders.
Discuss your next step
Unsure whether your application is straightforward? Contact us to discuss the process and the support you need.
A free discovery call covers initial details and procedural questions with a paralegal; no legal advice is provided. A lawyer consultation is available for advice about your circumstances.