In this video Trent explains in detail the important areas of what it means to get divorced.
The divorce process begins by a formal process.

Brisbane Separation & Divorce Lawyers

In this video Trent explains in detail the important areas of what it means to get divorced.
The divorce process begins by a formal process.

Are you looking for the best divorce lawyer in Brisbane? Waller Family Lawyers are the divorce lawyers with the knowledge and care to handle painful separation matters. A period of separation of at least twelve months is required before applying for a divorce, however the process can begin after an initial consultation.

  • In Australia, there is no requirement of fault to obtain a divorce.
  • The date of separation is the date that a spouse decides that the marriage is over and communicates that decision to the other spouse.
  • Spouses do not necessarily have to be physically separated for it to constitute a separation.
  • Spouses can live in the same house and still be separated.

The initial consultation with our divorce lawyer team will help give you peace of mind in understanding the process, and create a plan of action so you understand the steps ahead.

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So what happens when you decide to Divorce?

A Divorce Order will be made provided the court is satisfied that there has been an irretrievable breakdown of the marriage as evidenced by 12 months of separation and proper arrangements have been made for any child or children of the marriage under the age of 18 years. A spouse will be able to remarry after a month of the Court making a Divorce Order. Learn more about Child Custody Arrangement.

A Divorce, once granted by the Court, ends the existence of the marriage. Divorce alone does not resolve a property settlement, any financial arrangements between spouses nor does it resolve arrangements for children.

You can finalise a property settlement and maintenance issues at any time after separation by way of a Financial Agreement or Court Order. Court proceedings for a property settlement or spousal maintenance issues must be commenced within 12 months of the Divorce Order taking effect if those issues have not been finalised in the meantime.

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Waller Family Lawyers treat all divorce cases with the sensitivity and respect each client deserves. The Waller team understands that the divorce process can be a very emotionally and financially stressful time, and they endeavour to help you every step of the way. To discover how Waller Family Lawyers can assist you, fill out the form on our contact page and one of our staff will be in touch with you.

  • FLPA

    Member of
    Family Law
    Practitioners'
    Association
    of Queensland

  • Family Law Section

    Family
    Law Council
    of Australia

  • Doyles

    Doyle’s Guide
    Recommended
    Lawyers In Qld.

  • FLPA

    Member of
    Family Law
    Practitioners'
    Association
    of Queensland

  • Family Law Section

    Family
    Law Council
    of Australia

  • Doyles

    Doyle’s Guide
    Recommended
    Lawyers In Qld.

Your divorce questions, answered by Brisbane's Best Divorce Lawyers
  • How do I choose the best divorce lawyer in Brisbane

    The best divorce lawyer is someone who initially takes the time to ascertain your needs and the best way to support you. It is important that your divorce lawyer is somebody who you are comfortable with. A trusted Divorce Lawyer is always honest with you and never gives you false hope about an outcome. A successful divorce lawyer is responsive and is transparent about the strategy and work they intend to do on your behalf and the cost of that work. It is important that you remain in control and understand the process and avoid feeling like you are paying for misguided work.

  • What am I entitled to when I separate?

    There is not any presumption or starting point that the assets of a relationship are divided equally. A spouse does not claim damages like a personal injuries case. A spouse’s entitlement is determined after considering the length of the relationship, what each spouse did doing the relationship ( known as contributions) and the post separation considerations including the differences in income and earning capacity, care and maintenance arrangements of any children and any health issues.

  • Who will I be speaking to if I engage Waller Family Lawyers?

    Our priority is to earn your trust in the advice we give you and the work we do. When you retain us, you will speak with an accredited family law specialist to identify the issues that need to be addressed and understand your expectations. At each stage an accredited family law specialist will ensure that you understand the work we propose doing for you.

  • Is a Divorce Lawyer different to a Family Lawyer?

    In Australia, lawyers who handle divorce, asset division, child custody, child and spousal maintenance and pre-nuptial agreement work are referred to as “Family Lawyers”. In countries like the United States, they are generally referred to as Divorce Lawyers or Divorce Attorneys.

  • How much does a divorce cost in QLD

    In QLD, there is a mandatory government filing fee of $990. However, if you are facing financial difficulties, it is possible to request a reduction of this fee to $330.

    Additional charges may be incurred based on your specific situation, including fees for replacing a lost marriage certificate or for translating international legal documents. For more info on the divorce process, check out this blog.

  • How long does a divorce take in QLD

    Once you file your court documents asking for a divorce, it can take approximately 4 to 6 months. After the court accepts your application, they will list your matter for a court hearing, which is generally listed about 3 to 5 months after you file your court documents. Learn more here.

  • How much is your firm fee?

    Waller offers a fixed fee, no time limit initial consultation. There are no obligations and no additional costs for an initial consultation. During this consultation, we will outline any expected future service. Depending on your situation, we can charge either on a fixed fee or hourly rate basis, or a combination of both. For more information, please click here.

Trent Waller

Legal Director

Trent leads the team. He has practiced in family law for over 24 years and holds accreditation from the Queensland Law Society as a family law specialist.

About our team