If you are managing a divorce or separation, our Brisbane divorce lawyers will guide you through the process, ensuring you feel informed and supported every step of the way.
When a long-term relationship breaks down, it can leave you confused about how to manage all of the legal, financial, and family matters that come with it.
Separation itself can be complicated enough, bringing up a lot of emotions and important decisions to make. You may need to sell the family home you’ve raised your children in, manage shared time schedules with your co-parent, or be worried about how you’ll retire in the way that you’d planned to.
At Stewart Family Law, we are committed to helping you through the process in the most efficient way possible, prioritising fair negotiated outcomes so you can focus on your next chapter.
Awards & Recognition
Choosing a divorce lawyer can be difficult because you are placing your future in their hands. You need skilled advocates who empower you to make informed decisions that serve you well now and in the long term.
At Stewart Family Law, we take a compassionate yet pragmatic approach to working through all of the legal processes that come with a divorce or separation. We work closely with our clients to protect their interests and create workable, legally sound agreements.
Our firm is led by Judy Stewart, an Accredited Family Law Specialist, Nationally Accredited Mediator and Collaborative Lawyer. Judy has strong dispute resolution skills and is well-versed in interpersonal and family dynamics, due to her background as a social worker.
Temika Slee is Stewart Family Law’s Associate Director, as well as an Accredited Family Law Specialist with over a decade of exclusive family law experience. Temika holds a double degree in law and journalism, and is known for her responsive and conciliatory approach to resolving parenting and property matters.
Our trusted Brisbane team of Accredited Family Law Specialists and dedicated Senior Lawyers have been recognised multiple times as a leading Brisbane family law firm in Doyles Guide. We offer a dedicated Mediation space to assist with resolving your family law matters as amicably as possible.
We will help you to understand the legal process, your options, and how the Family Law Act 1975 (Cth) applies to your situation. You will always be kept informed of how your matter is progressing, expected timelines and outcomes. We focus on your wellbeing throughout the process and pay attention to the details.
It can be hard to know where to start when you are dealing with the breakdown of a long-term relationship. We offer a free discovery call to understand your situation, your priorities and what needs to be done.
This may be organising a Parenting Plan, or working through an urgent dispute about your children. It may be ensuring an agreement you’ve made with your former partner is legally sound, or helping you to respond to an application for court proceedings.
From drafting consent orders if you are ready to formalise things, or working with you through challenges like a lack of financial disclosure or family violence issues, our team is here to help.
Wherever you currently are, our team will explain your options and calmly guide you through the next steps.
Australia has had a ‘no-fault’ divorce system in place since 1976, which means that no one has to take the blame for a marriage breaking down. Under section 48 of the Australian Family Law Act, a divorce order can be made if a marriage has broken down irretrievably. Both parties do not have to agree to get a divorce, and the process is generally straightforward.
Many people apply online for a divorce through the CommCourts portal, using either a sole or joint application. A court hearing is not always necessary, but may be required if you have children under 18 or if there are issues with service or other complications.
It’s also important to keep in mind that getting a divorce triggers time limits for property settlement to begin in Australia under section 44(3) of the Family Law Act. You or your former partner have one year from the day that your divorce is finalised to begin property proceedings, or you may miss the chance to do so, unless the Court grants an exemption.
It’s essential to be aware that getting a divorce itself simply ends your legal status of being married. It does not resolve parenting, property or financial matters, all of which have separate legal processes.
Most people will also need to go through property settlement, and if you have children, make parenting arrangements – whether formal or informal. Splitting assets and deciding on how your children will be cared for can take some time, and may be challenging if both parties have very different ideas and expectations of an ideal outcome.
These matters can be easily resolved in some separations, but occasionally, complex or high-conflict situations may require multiple legal processes to reach a legally binding resolution.
You do not have to be divorced to initiate parenting or property matters. Many separating couples start by talking to each other about how they want to divide things and who will care for the children. Hiring a divorce lawyer or organising mediation is usually a first step for those who need some help negotiating.
When we first meet our clients, many assume that separation involves a long, hostile Court process. However, most matters can be resolved by consent through negotiation or mediation, which is usually faster, less stressful, and more cost-effective.
In Australia, you’ll need to meet the following criteria to apply for a divorce.
The criteria for getting a divorce in Australia are:
You can apply for a divorce from an overseas marriage if one spouse is a resident in Australia, or currently living here, as long as the overseas marriage is recognised in Australia. If you and your spouse reconcile during the separation period for under 3 months, your separation can continue after that time and count towards the 12-month requirement under section 50 of the Family Law Act. However, if you and your spouse reconcile for more than 3 months during your separation period, the entire 12 months will need to be restarted.
Many separating couples in Australia choose to remain living together for financial or family reasons. This is a very common scenario known as being ‘separated under one roof’, which is recognised under section 49(2) of the Australian Family Law Act. You can still qualify for a divorce in Australia if you and your partner are living in the same home, as long as you can prove that you are separated.
The most common ways of doing this include demonstrating that even though you are living together, you are living separate lives. This can be done with an affidavit or by having witnesses, such as family and friends, confirm that you are no longer together as a couple.
You will need to show that:
This may look different for different people, especially if there are children involved, but the Court will be satisfied that the period of living together was living as separate lives rather than as a married couple.
Writing an affidavit is fairly straightforward and needs to contain:
If you and your former partner are applying for a joint divorce, the requirements for providing additional evidence are often lower than if you are applying for a divorce with a sole application, which will likely require supporting affidavits.
What Our Clients Say
Separation goes far beyond the process of getting a divorce. There are a number of legal processes you will need to go through to financially and legally end your marriage (or de facto separation).
This journey will look different for everyone; however, there are common key steps. Getting a divorce is one of the most straightforward parts of separation, whereas parenting and property matters can take longer to resolve.
There is no set order that steps need to be done in; it’s more about what’s right for your situation. A divorce lawyer can help you to prioritise the steps to work best for you. Keep in mind that filing for divorce will trigger property settlement time limits. If you haven’t already begun property proceedings before, it’s essential to do that within one year of when your divorce is official.
The length of a matter depends largely on cooperation between the parties. Matters can be finalised within a few months if both sides engage constructively. Delays arise where there is conflict, missing or incomplete information, or a party commences Court proceedings. Our focus is always on moving things forward as efficiently as possible so that our clients can move on with their lives.
In a best-case scenario, parties can agree early on and have legally binding agreements, such as consent orders or a Binding Financial Agreement drafted. Parenting matters can also be formalised through a parenting plan or consent orders, which are legally enforceable. If you and your former partner are mostly working together and on the same page, it will be much easier to finalise things. If negotiations are drawn out or court becomes necessary, it can unfortunately take years to finalise your matters.
There are also some circumstances in which finalised matters will require further legal interventions, such as parenting disputes.
One of the most important steps when you are considering separation or in early separation is to get legal advice. Having legal advice about your position, your obligations, your entitlements, and your responsibilities as soon as possible can save a lot of issues later on.
Family law can be difficult to understand, and for people going through the family law system for the first time, there’s a lot to consider. The more complex your matter is, the more important it is to get legal advice early on. Whether there are parenting disputes, complex asset structures such as trusts or businesses, an inability to agree on a parenting schedule or safety concerns, having legal support can change the outcome of your matter.
You can access legal advice before separating to get an idea of what steps are required and any associated legal costs. Our team provides advice on the necessary steps to resolve your relationship financially and legally, and provides stable care arrangements for children. Get in touch for a confidential chat to find out how we can help.
If you are proceeding with property matters, one of the most important steps is financial disclosure. This is where you and your former partner both list your assets and debts to form the property pool. This includes property, cars, businesses, shares, trusts, superannuation and other valuable items or liabilities.
Both parties must be honest during financial disclosure and give a clear picture of what’s included in the marital property pool. When this is done, a divorce lawyer can help you understand what entitlements you may have.
If you have concerns that your former partner is not disclosing their assets or liabilities, extra support may be needed to get a clearer picture. This may be done through independent valuations, or possibly even with the assistance of a forensic accountant. If either party is found to have not disclosed the full picture, the Courts may apply penalties during the property settlement process. Full and frank disclosure is a necessity under section 71B of the Family Law Act 1975, or section 90RI for de facto couples.
In Australia, there is no set formula for working out property settlements, because there are so many variables in different situations. There is no presumption for any type of percentage, like a 50/50 or 70/30 division – rather it’s taking into account all of the individual factors such as financial and non-financial contributions from both parties, homemaking contributions, family businesses, family loans and inheritances.
The four-step framework used for property settlements in Australia is:
Section 79(4) of the Family Law Act sets out the factors used to determine how property is decided after separation, to ensure the whole picture is taken into account. Further considerations include whether you have children, if you had a long relationship, any health issues of either party or the children, and each party’s earning capacity, as well as any family violence impacts.
Property settlement can be negotiated privately between you and your former partner if you are confident that the split will be fair and equitable. It’s a good idea to have a divorce lawyer assist with your property settlement to ensure it is in your best interests before signing anything. A property settlement lawyer may assist with negotiations, help define the asset pool, organise mediation or use a collaborative law process to reach a resolution. In some cases, the Court may need to decide if both parties can’t reach an agreement.
If you have children, managing parenting arrangements can be an emotional part of divorce and separation. You may be used to working together as a family, and now need to consider splitting care between both parties. Deciding on how that works will be different for everyone.
You’ll need to consider:
Most parents make arrangements based on an agreement of what they think will work best. This may start with a verbal or written agreement, or a structured written agreement called a Parenting Plan. Consent orders are commonly used in Australia to formalise parenting arrangements into a legally binding document when both parents agree on the arrangements.
Consent orders are enforceable if either parent is not abiding by the agreements in place. If no agreement can be reached, court involvement may become necessary. Section 60CC of the Family Law Act is the guiding principle for parenting arrangements in Australia, and looks at what is in the best interests of children involved. If the court decides on your parenting matter, they will use the ‘best interests’ framework to make a parenting order.
Family mediation is generally the first step if you can’t privately negotiate an arrangement. It provides a structured environment where both parties can discuss their needs and what they are hoping to achieve. Mediation is not legally binding itself, but a family lawyer can help you to formalise agreements reached. If an agreement can’t be reached in mediation, you may need to go to court to have a decision made.
Mediation is a requirement before court proceedings can be initiated for parenting matters in most cases, unless there are urgent safety concerns or family violence issues. If mediation is not successful, a section 60I certificate will be issued, which shows the court that mediation has been attempted but did not resolve the issue. This certificate will be valid for 12 months after the mediation was attempted.
A child custody lawyer can advise you on what is best in your situation, look at different ways to share care and help you to understand things like decision-making between parents. This was previously assumed as ‘equal shared decision making’ until this presumption was removed in the 2023 Family Law reforms. In 2026, one or both parents may have decision-making responsibility for their children, regardless of the amount of care either parent has.
Once you have reached an agreement, you’ll need to have legally binding documents drafted to ensure that the agreement can be enforced.
The most common ways to formalise family law agreements made during separation are through consent orders, which are sealed by the court. A Financial Agreement can also be used for financial matters, but both parenting and property matters can be formalised with consent orders. Super splitting orders can also be made to split superannuation, which can be organised at the same time as consent orders.
Consent orders and binding financial agreements both have different benefits, which a divorce lawyer can help you understand. Consent orders are a standard option for families who want to formalise their property and parenting matters at the same time.
Financial agreements can allow more privacy for financial matters, as they are generally not viewed by the court, but are still legally enforceable as long as they have been drafted properly and both parties received independent legal advice.
You can apply for a divorce online or with the help of a divorce lawyer. Online applications can be made through the Commonwealth Courts Portal.
You have the choice to make a sole application (on your own) or a joint application (with your former spouse). A joint application is generally easier. A sole application will require the application to be served on your former partner, at least 28 days before the divorce hearing date or 42 days if they are overseas.
Some people choose to have their lawyer draw up their divorce paperwork on their behalf. It’s really up to you if you prefer to do it yourself or have a divorce lawyer do it for you. You will need to fill out the appropriate paperwork, add ID and your marriage certificate to the application, as well as proposed care arrangements for any children under 18. The court must be satisfied that proper arrangements are in place for children before granting a divorce under section 55A of the Family Law Act.
As of July 1st, 2026, the application fee for a divorce is $1170 or a reduced fee of $390 for concession card holders or those experiencing financial hardship. If your lawyer is doing the application for you, you will also need to pay legal fees. Your divorce hearing date will generally be made a few months after your application is received. You may not need to attend a divorce hearing, depending on the type of application made.
Your divorce order will become official one month and one day from the day it is granted.
In Australian family law, there are strict timelines for property settlement matters, whether you are married or were in a de facto relationship.
If you were married, you have 12 months from the date of your divorce order being final to initiate property settlement, if you haven’t already. If you are in a de facto relationship, you have two years from the date of separation to make a claim for property or initiate a property settlement.
A failure to act within these timelines can result in losing the opportunity to do so, unless you apply to the court for a special exemption, which may or may not be granted.
Many couples initiate property settlement before divorce proceedings. There is some flexibility over the timeline if a divorce application has not been made by either party. It can still be a good idea to settle property matters earlier rather than later, as the asset pool can significantly change over time, which may influence the outcome of the property settlement.
For instance, one party may be in a significantly better or worse position over time, or assets may change hands or decrease. It’s important to get advice from a divorce lawyer to ensure that your property settlement is managed in a timely manner for your circumstances.
We offer a full range of family law services to support you during this difficult time. Whether you’re dealing with a marriage breakdown, a de facto relationship dispute, or need help with parenting arrangements, our legal team is here to provide the guidance you need.
Separation
Practical, clear advice on separating from your partner, including your rights and the steps involved before divorce or property settlement.
Parenting Arrangements
& Children’s Matters
Assisting with Parenting Plans, Consent Orders and Parenting Orders to protect the best interests of your children.
Property Settlements
Protecting your property settlement entitlements and managing complex property matters with expert care.
Binding Financial Agreements
Assisting with prenuptial agreements and other financial arrangements to help secure your financial future.
Family Violence &
Protection Orders
Applying for, and responding to, Protection Orders, and managing domestic violence matters to ensure your wellbeing.
Family Court
Providing experienced representation in the Federal Circuit and Family Court of Australia across a range of family law matters.
Spousal Maintenance
Guiding clients through spousal maintenance and financial support arrangements following relationship breakdown.
Child Support
Advising on child support obligations, agreements and arrangements to ensure fair financial support for children.
Family Dispute Resolution and Mediation
Resolving family law disputes through mediation and Family Dispute Resolution, to minimise stress and legal cost.
Collaborative Law
Facilitating respectful and collaborative negotiations to help parties reach mutually acceptable agreements without court proceedings.
Parenting Coordination
Acting as an intermediary for parents to reduce conflict and support effective co-parenting arrangements.
In Australia, de facto separation and divorce are treated similarly under the Family Law Act; however, there are slightly different considerations that need to be taken into account depending on your particular circumstances.
De facto relationships may require proof of the relationship to show they have been living together on a genuine domestic basis. Marriages don’t require this, as the marriage itself is proof of the relationship. Timelines for de facto relationships can be a little more complicated if either party disagrees with the dates the relationships started or ended. It’s a good idea to keep records and have written copies of dates of separation where possible.
You may need to provide additional evidence if time limits for property settlement are disputed, or to prove the nature of your relationship. Otherwise, de facto relationships and marriage are treated quite equally in Australian family law, with very similar processes for parenting and property matters. Our de facto lawyers can provide assistance if you need help with establishing the nature or length of your relationship, as well as with any related family law matters.
Applying for a divorce itself in Brisbane will cost $1170, or $390 for concession card holders or those experiencing financial difficulties. You may also need to pay a process server to serve paperwork if you make a sole application, as well as any legal fees.
Mediation and legal fees to resolve property and parenting matters can begin in the thousands for simple matters where both parties agree.
In 2026, in addition to legal fees, you will need to pay the following fees for consent orders:
High-conflict matters, matters that end up in court and financial settlements with complex assets can attract legal fees in the hundreds of thousands. Fees will generally be relevant to the asset pool and complexity of your matter. Our divorce lawyers can give you a clear idea of likely fees for your personal situation. We offer fixed fees for some matters, and also partner with JustFund for property settlement matters.
Our legal team includes some of Brisbane’s most experienced family lawyers, including Accredited Specialists and Senior Associates with expertise across all areas of family law.
Stewart Family Law is located at Level 2, 231 North Quay, Brisbane, close to the CBD and Brisbane’s legal precinct. Our office is a few hundred metres from the Federal Circuit and Family Court of Australia and Brisbane Magistrates Court, making it ideally situated for those managing family law or domestic violence matters in Brisbane courts.
Secure parking is available nearby at The One and on George Street, and our office is a short walk from Roma Street Station and the North Quay ferry terminal.
You don’t have to hire a lawyer to get a divorce in Australia, but having access to an experienced divorce lawyer can simplify the process and protect your interests, especially regarding assets, superannuation, property and parenting matters.
To choose the best divorce lawyers, ask for recommendations, read reviews, and check their experience in family law. Prioritise lawyers who offer personalised attention, clear communication, and expertise in property settlements and parenting matters. Ask for clear pricing structures for your matter – even though a quote cannot always be exact at the start of the matter, a good lawyer can talk you through expected costs and outlays.
It’s also important to remember that divorce and family lawyers often specialise in different areas. Some may offer mediation and courtroom representation, and others may be excellent with complex business splits after a divorce. You should also look at the memberships and qualifications of your lawyer; for instance, if they are an Accredited Family Law Specialist, this shows they have a depth of family law skills. Organisations like the Queensland Law Society can also offer insight into a lawyer’s qualifications. Most importantly, chat with a lawyer you are considering working with about your needs and discuss your options to see if they feel like a good fit for you.
Mediation, dispute resolution, or lawyer-assisted negotiations are an excellent place to start if you and your ex-partner cannot agree on parenting or property matters. If these methods fail, your matter may end up being decided in the Federal Circuit and Family Court of Australia. It’s best if you can find a way to reach a resolution out of court. A family lawyer will provide advice on your options and represent your interests to reach a fair outcome.
In September 2021, the Federal Circuit and Family Court of Australia merged two separate courts into a single structure to help manage family law matters in a more streamlined way. The court now operates with two divisions, Division 1 for more complex or urgent matters, and Division 2 managing general family law matters, under the Federal Circuit and Family Court of Australia Act 2021.
Divorce proceedings themselves are not substantially costly. However, legal services for property settlements and parenting matters can vary widely. Complex issues, lengthy negotiations, or matters that end up in court will generally cost significantly more. Prices can range from a few thousand dollars to upwards of hundreds of thousands for complex financial matters.
If you are making a sole divorce application, serving divorce papers typically costs between $100 and $200 if a process server is used. Your divorce lawyer can also arrange service for you.
In most cases, parties are required to attend mediation for parenting and property matters before going to Court, unless they are able to resolve matters privately, or with the help of their lawyers. Mediation is a cost-effective way to reach an agreement, reducing overall legal costs and allowing parties to reach an agreement that works for them.
If you have questions about moving forward with your separation, get in touch with our Brisbane divorce lawyers by calling 07 3221 0100 or via our contact form to book a free, confidential 15-minute discovery call with one of our senior lawyers. We’ll answer any important questions you may have and help you get a clear idea of your next steps.
