Divorce and Separating Families

In Queensland, the legal grounds for divorce are the irretrievable breakdown of the marriage, as demonstrated by 12 months of separation. The Family Law Act 1975 governs the process, which is uniform across Australia. How do I apply for a divorce in Queensland? To apply for a divorce, you must:

1. File an Application for Divorce: This can be done online through the Commonwealth Courts Portal.
2. Serve the Application: If you are filing alone (sole application), you must serve the application on your spouse.
3. Attend a Hearing: If there are children under 18, you must attend a court hearing, unless it is a joint application.

If there are children under 18, the court must be satisfied that proper arrangements have been made for their care, welfare, and development. This includes living arrangements, schooling, and financial support.

Property division is based on a four-step process:

1. Identify and Value Assets and Liabilities: Both parties must disclose their financial situation.
2. Assess Contributions: The court considers financial, non-financial, and homemaker contributions by both parties.
3. Consider Future Needs: Factors such as age, health, income, and care of children are taken into account.
4. Ensure Just and Equitable Division: The court aims to reach a fair division based on the circumstances.

Parenting orders are court orders that determine the parenting arrangements for children after separation. They cover:

1. Living Arrangements: Where the children will live.
2. Parental Responsibility: Decision-making responsibilities for the children's welfare.
3. Communication: How the children will maintain contact with the non-resident parent.

The court prioritises the best interests of the children, focusing on their safety and well-being and maintaining meaningful relationships with both parents.

A parenting plan is a written agreement between parents outlining the care arrangements for their children. Unlike a parenting order, it is not legally binding but can be used as evidence in court if disputes arise later. Parenting plans are flexible and can be changed by mutual agreement.

Spousal maintenance is financial support provided by one spouse to the other after separation or divorce. It is awarded if one spouse cannot adequately support themselves due to factors such as age, health, income, or care of children. The court considers the needs and financial capacity of both parties.

Disputes can be resolved through:

1. Negotiation: Direct discussions between parties.
2. Mediation: A neutral third party facilitates a mutually acceptable agreement.
3. Family Dispute Resolution (FDR): A formal process with a qualified practitioner.
4. Court Proceedings: As a last resort, disputes can be resolved by applying to the Family Court or Federal Circuit Court.

For property settlement, parties must apply to the court within 12 months of a divorce being finalised or within 2 years of separation for de facto couples. The settlement should be just and equitable, considering all assets, liabilities, contributions, and future needs.

If one party does not comply with a court order, the other party can apply to the court for enforcement. The court can impose penalties, including fines, community service, or imprisonment, depending on the severity of the breach.