Bradley J Bragg - Solicitor
Divorce Lawyer in the Atherton Tablelands
Bradley J Bragg – Solicitor provides straightforward legal support with clear communication, mobile consultations, and flexible payment options.
Ending a legal marriage
Atherton Tablelands Divorce Lawyer
Divorce in Australia is a formal legal process that ends a registered marriage and is governed by the Family Law Act 1975. To apply for divorce, at least one spouse must consider the relationship irretrievably broken down, demonstrated by 12 months of separation.
Bradley J Bragg – Solicitor provides support to individuals across the Atherton Tablelands seeking guidance from a divorce lawyer regarding eligibility, court requirements, and documentation. In most cases, applications are made to the Federal Circuit and Family Court of Australia. The process involves completing and filing forms, serving the documents to the other party, and attending court where necessary, especially if there are children under 18. Divorce does not resolve property or parenting matters; these are dealt with separately. Understanding how to meet legal requirements and timeframes helps reduce complications during what can be a difficult time.
For assistance with preparing and lodging your application, phone 0434 368 235 to book a consultation.
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Frequently Asked Questions
What is the legal process for divorce in Australia?
Divorce in Australia is governed by the Family Law Act 1975. It is a no-fault process, meaning the court does not consider why the marriage ended. To apply for divorce, the parties must have been separated for at least 12 months, and the marriage must have broken down irretrievably. Applications can be lodged online or through the Federal Circuit and Family Court of Australia. Legal advice is recommended, particularly where there are related parenting or property issues.
Do I have to go to court for a divorce?
Not all divorce applications require a court appearance. If the application is uncontested and there are no children under 18, the divorce may be granted without the parties attending court. However, if there are children under 18, the applicant may be required to attend the hearing to satisfy the court that appropriate arrangements are in place for the children. Complex cases or contested applications may also require court attendance.
How long does a divorce take once filed?
Once a divorce application is filed, the court will allocate a hearing date — typically within 2-3 months, depending on the registry’s workload. If the court grants the divorce, it becomes final one month and one day after the hearing date. However, the process may take longer if there are complications, such as difficulties in serving documents on the other party or if the application is contested.
Is a divorce the same as a property settlement?
No. Divorce ends the legal marriage but does not resolve issues such as asset division or spousal maintenance. Property and financial matters are dealt with separately, and applications must be made within 12 months of the divorce becoming final if court orders are needed.
Legal steps & documents
Understanding the Divorce Process
Applying for divorce begins with confirming eligibility—primarily, that you’ve been separated for at least 12 months. Separation can include periods of living under one roof. If the marriage lasted less than two years, you may also need to provide a certificate from a counsellor. The application can be filed by one party (sole application) or both (joint application). After filing, documents must be served on the other party if it’s a sole application. Proof of service is required for the application to proceed. In most straightforward cases, a hearing may not be required—though you may need to attend court if children are involved or if service is disputed.
Once granted, the divorce becomes final one month and one day after the hearing date. This formal legal end to the marriage allows either party to remarry, and it also starts the clock on property settlement time limits. Parties have 12 months from the date a divorce becomes final to file property or spousal maintenance applications. Residents of the Atherton Tablelands can access legal guidance to ensure the correct forms are filed and deadlines are met throughout this process.
