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Going through a divorce can be one of the hardest times in a person’s life. It brings big changes to your family, home, and future. At Ipswich Family Lawyers, our divorce lawyers are here to help you understand your rights and feel supported every step of the way. Whether you are just thinking about separation or already in the middle of the process, we will give you clear advice, honest answers, and caring service.
Our $150 in-depth consultation is an initial consultation where we will discuss your situation in detail and provide thorough advice on the next steps you should take to resolve your matter.
In Australia, divorce is the legal step that ends a marriage and allows both people to move on with their lives. It is handled under the Family Law Act 1975, which applies across the entire country. The law focuses on fairness and wellbeing rather than blame or punishment.
Australia uses a “no-fault” divorce system, meaning that courts are not interested in who caused the separation. Instead, the focus is on whether the marriage has truly ended. You do not have to provide proof of cheating, abuse, or bad behaviour. If at least one person believes the marriage is over, and you have been separated for 12 months, the court will usually accept this.
Divorce is different from separation. You can be separated and still be legally married. Divorce is the official court process that makes the end of the marriage permanent in the eyes of the law.
To apply for a divorce in Australia, you or your spouse must also meet at least one of the following conditions:
The divorce process in Australia is handled by the Federal Circuit and Family Court of Australia, not by local or state courts. Most applications are done online through the Commonwealth Courts Portal, but many people still prefer the help of a lawyer to ensure everything is done correctly and nothing is missed.
Once your divorce is finalised, you can legally remarry. However, it is important to wait until the court order takes effect before setting a wedding date, as the divorce only becomes official one month and one day after it is granted.
At Ipswich Family Lawyers, our divorce lawyers take the time to explain not just how divorce works, but how it affects your legal rights. We help you understand what the court expects and how to avoid common mistakes that could delay your application or lead to extra costs.
Lawyers can guide you through each of these steps with care and understanding.
At Ipswich Family Lawyers, we offer more than just legal paperwork. We listen to your story, help you stay calm, and explain each step in plain language. Here is how we can assist:
We are proud to support families across Ipswich, from Raceview and Redbank Plains to Springfield and Yamanto.
We understand that no two families are the same. Our team takes time to learn about your situation so we can give advice that fits your needs.
Here is what sets us apart:
Contact us today for a confidential consultation. We’re here to listen, understand your needs, and guide you toward a brighter future for you and your loved ones.
Getting a divorce involves a few key steps, and each one comes with important details that can affect how smoothly the process goes. At Ipswich Family Lawyers, we make sure you understand what’s happening at each stage and what you need to prepare.
Ipswich Family Lawyers
Separation is when one or both spouses decide the relationship has ended. This doesn’t always mean living in different homes. In some cases, couples may continue to live in the same house due to financial or parenting reasons. This is called “separation under one roof.” If this applies to you, you may need to provide extra documents or sworn statements that explain how your living arrangements changed—such as sleeping in separate rooms or no longer sharing meals or finances.
You don’t need a legal agreement to separate, but you should clearly communicate your decision to end the relationship. Writing it down, telling someone you trust, or keeping a personal record can help if you ever need to show when the separation began.
Before lodging your divorce application, you’ll need several important documents, including your marriage certificate. If it’s not in English, a certified translation must be provided. You’ll also need to confirm your eligibility—such as proof of Australian residency or citizenship—and show how long you’ve been separated.
If you’re applying alone (a sole application), you will also need to serve the court papers to your former partner correctly and keep a record of this. Incorrect service is one of the most common reasons a divorce application is delayed. Our Ipswich divorce lawyers can manage this for you to avoid mistakes.
Some divorces don’t require a court appearance, especially if there are no children under 18 and the application is joint. However, if you’re applying alone and there are children involved, you’ll likely be asked to attend a short hearing.
At the hearing, the judge will review your documents and ask questions to ensure proper arrangements have been made for your children’s care, schooling, housing, and wellbeing. You don’t need to speak unless asked, and it usually only takes a few minutes. Our team will prepare you in advance and attend with you if needed.
After the hearing, if the court is satisfied with everything, your divorce will be granted. But it does not become official right away. There is a waiting period of one month and one day from the hearing date before your divorce order takes effect.
During this waiting time, it’s important not to make rushed decisions about remarriage, travel, or legal paperwork involving your former partner. We can guide you through what to do during this period, such as updating your will, checking joint accounts, or finalising any informal arrangements.
Each person’s divorce journey is different. Some are simple and peaceful. Others involve delays or disputes. No matter what happens, our Ipswich divorce lawyers will be right beside you—offering steady guidance and taking the stress out of the process.
Divorce is just one part of family law. You may also need help with other areas. We offer:
If there are no children under 18, you usually do not need to go to court. If there are children involved, at least one person must attend a short hearing.
Yes. This is called “separation under one roof.” You will need to show that your relationship changed even though you still lived together.
After being separated for 12 months, it usually takes around 3 to 4 months from the time you file the application until the divorce becomes final.
You can still apply for a divorce on your own. As long as you meet the requirements, you do not need the other person to agree.
No. Divorce only ends the marriage. You will need to make separate arrangements or court orders for property and parenting matters. We can help with those too.
You don’t have to face divorce alone. Whether things are peaceful or tense, our Ipswich divorce lawyers will work with you to protect your family, your future, and your peace of mind.
Call Ipswich Family Lawyers today or send us a message to book your first consultation. Let’s take the next step together, one clear and caring step at a time.
Our $150 in-depth consultation is an initial consultation where we will discuss your situation in detail and provide thorough advice on the next steps you should take to resolve your matter.
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