Experts in Divorce Mediation

Divorce Lawyers Brisbane

Our divorce lawyers provide a caring touch at a stressful time, and our divorce mediation services can help reach a fair outcome with your former partner.

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Experienced Divorce Lawyers Brisbane

FP Lawyers are experienced divorce lawyers working with clients throughout Brisbane, the Gold Coast and Sunshine Coast.

Separation and divorce can be a trying time, and the process often comes with family law complications. Applying for a divorce allows you to separate your assets, so divorce can affect property ownership, taxation, the custody of dependents and more.

Our divorce lawyers help clients to file for and navigate the Australian divorce process. We provide support for all matters related to divorce, such as property settlement, separation agreements, marital asset pools and division of finances and superannuation.

If you’re unable to reach an agreement, you may need advice and representation from the divorce lawyers Brisbane trusts.

Divorce Mediation Brisbane

Working with a divorce mediator can reduce your burden and help you reach the best resolution for you and your family.

The FP Lawyers team offers divorce mediation Brisbane wide. We draw on lived experience to provide a personal touch that can make all the difference when drafting separation agreements.

Separation agreements can be complex documents, especially when children, businesses and large assets are involved. Our divorce mediators can represent you in divorce settlement negotiations, as well as reviewing and drafting Goodwill Agreements and Consent Orders to reach an equitable resolution.

We also assist those in new relationships who wish to seek advice and enter into Binding Financial Agreements, also known as “Prenuptial Agreements”.

Our Brisbane divorce lawyers typically encourage out of court settlements. This saves you time and expense, and we ensure that experienced mediators and barristers are engaged where they are needed.

Is it Better to Get Separated or Divorced?

If your relationship is ending, it may be time to separate from your partner ahead of applying for a divorce. ‘Separation’ and ‘Divorce’ are conjoined concepts in Australia’s legal system:

Separation is the ending of the relationship by one or both parties. A married or de facto couple will generally take time apart and begin to separate their lives and assets during this period.
Divorce is the formal dissolution of a marriage.

In order to get divorced in Australia, you must first separate from your partner for a minimum of 12 months. You can continue to live under the same roof and share assets, but the relationship must come to an end.

Separation can also give you a chance to work with your partner on fixing the relationship, if that’s what you want. If you can’t reconcile your differences, you can file an application for divorce.

It’s also advisable to begin the process of separating assets while separated. FP Lawyers offers divorce mediation services throughout Brisbane, and we can provide advice, representation and mediators to help resolve property settlement matters.

Your Divorce Mediation Specialists.

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How a Divorce Can Drag Out

It’s uncommon for divorces to be amicable. The stress and pain involved with the ending of a marriage may cause you or your partner to drag out the separation period or divorce proceedings.

These are some of the common signs that your partner is delaying the divorce intentionally:

Avoiding document service
Refusing to acknowledge or sign documents
Failing to attend hearings
Failing to attend divorce mediation
Hiring and firing legal counsel
Making unreasonable demands during divorce mediation
Making false claims about the relationship
Hiding assets
Avoiding communication

Dragging out divorce proceedings can be time-consuming, expensive and emotionally draining for you and your children. If your former partner is prolonging the process, our trusted divorce lawyers in Brisbane can help.

FP Lawyers provide a caring touch that can help keep your divorce proceedings on track. We provide divorce mediation, can represent you during hearings, and we may also bring your matter before the Court to reach a resolution.

While involving the Court is not ideal, the Court can compel your partner to cooperate with proceedings, compel payments (such as for a shared mortgage) and resolve custody disputes until the divorce is finalised.

This is generally our last resort, but we’ll work with you to make the process as streamlined and stress free as possible.

Our Divorce Lawyers Brisbane

For a confidential, no-obligation consultation with our divorce lawyers in Brisbane, clients are always welcome to contact the FP Lawyers team.

Katherine Parasyn

Principal

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Alyce Carpin

Principal LAWYER

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Frequently Asked Questions About Divorce

How long do you have to be separated before divorce in Australia?

You and your partner must be separated for at least 12 months before you can apply for a divorce. The separation period begins as soon as you, or your partner, indicates that you want to end the relationship.

Waiting 12 months proves to the Court that there has been an “irretrievable breakdown” of the relationship. This is the only requirement for getting a divorce in Queensland.

Separation may be mutual, but you do not need your partner’s agreement to begin the separation period. Similarly, you and your partner can be separated while living under the same roof.

We recommend speaking with our divorce lawyers during the separation period. Time limits apply to dividing assets and developing separation agreements, so it’s important to seek professional advice as soon as possible.

What if one spouse doesn’t want a divorce?

You can separate and apply for a divorce, even if your spouse doesn’t want to. The Court can grant a divorce without your spouse’s consent or signature.

You may only oppose a divorce application if:

You have not been separated for 12 months
The Court does not have jurisdiction to grant the divorce

As long as you and your partner have been separated for 12 months, the Court has the legal power to grant a divorce, even if one party doesn’t want to.

Proving your separation date may be the only hiccup. This is one of the reasons we recommend speaking to a divorce lawyer as soon as possible. Contacting a divorce lawyer, negotiating property settlements and making arrangements for dependents can all help to prove that the separation is genuine.

What do I do once the documents have been served?

Once divorce documents have been served, the partner that’s being served needs to respond to the application. This can be done in person, by post, or through your Brisbane divorce lawyer.

The application is then filed with the Court and a divorce hearing is set. If you and your partner jointly file for divorce, and if you both agree to the details in the application, there is no need for either party to attend the divorce hearing.

You generally only need to attend the divorce hearing if:

You filed a sole application and there is a child of the marriage who is under 18 years old
You indicate that you want to attend the hearing in the application
You or your partner has objected to the divorce being heard without the other party present
The Respondent opposes the divorce application
You are having trouble serving documents on your spouse

You may also need to attend the hearing if you have to provide additional explanation, such as being separated while living under the same roof.

Divorce hearings are held electronically. You won’t need to attend court in person.

Do both parties have to sign divorce papers in Australia?

No. Divorce papers only need to be signed by one party. If you are the sole applicant, you are the one that needs to sign the documents. The Court has the power to grant a divorce order without your spouse’s signature.