Elliott May Lawyers
UnclaimedPaddington · QLD · 4064
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Is this your firm? Claim it →Divorce Lawyers · Paddington, QLD
Divorce Lawyers in Paddington
No firm in Paddington, QLD has yet listed divorce lawyers as a specialty. The general practices below are local and many handle this kind of matter — call and ask.
Also in Paddington
General practices in the area. They haven't nominated divorce lawyers as a specialty, so check before you engage them.
Overview
What divorce lawyers actually do
Divorce is the formal legal end of a marriage. It is a discrete application, separate from the questions people usually care about more — the children and the property — which are dealt with independently and can be resolved before, during or after the divorce itself.
Australia has no-fault divorce, so the court is not interested in who was at fault. The requirement is that the marriage has broken down irretrievably, demonstrated by a period of separation.
The work they handle
- Preparing and filing the divorce application
- Sole applications, including serving the other party
- Applications where you have separated but lived under one roof
- Advising how the divorce interacts with property and parenting matters
- Consent orders to formalise a property settlement
- Advice on time limits that start running once a divorce is final
Queensland
Where a matter like this is heard
Magistrates Court of Queensland
Handles most criminal and traffic matters and smaller civil claims.
District Court of Queensland
Handles serious criminal trials, appeals and mid-range civil claims.
Supreme Court of Queensland
Handles the most serious criminal matters, large commercial disputes and probate.
Queensland Civil and Administrative Tribunal (QCAT)
Handles tenancy, consumer, building disputes, guardianship and administrative review.
- Queensland is the most decentralised legal market in the country — Cairns, Townsville and the Gold Coast all support full-service firms rather than everything sitting in the capital.
- Residential contracts in Queensland include a statutory cooling-off period, and it is standard for a solicitor rather than a licensed conveyancer to act on the purchase.
When to call a divorce lawyer
- You have been separated for the required period and want to formalise it
- You cannot locate your spouse to serve the application
- You separated but continued living in the same house
- There is property to divide and you do not know the order to do things in
- You have been served with a divorce application
What it costs
The court charges its own filing fee, which is the larger cost for a simple divorce and may be reduced in cases of financial hardship. Legal fees for an uncontested divorce are usually a modest fixed amount. Property and parenting work is priced separately, because it is a separate job.
How to choose
Deal with property first, or at least early
Finalising a divorce starts a time limit for property proceedings. Get advice on sequencing before you file.
Uncontested divorces rarely need much
If you agree and there are no complications, this is straightforward. Spend the money on the property settlement instead.
Separation under one roof needs evidence
It is accepted, but the court expects supporting material. A lawyer will tell you what is required.
Before you engage anyone
Check the practitioner holds a current practising certificate. In Queensland that is Queensland Law Society, and the register is public.
Check the QLD register ↗Common questions
How long must we be separated?
You must have been separated for at least twelve months before applying. It is possible to have separated while still living in the same home, though that requires additional evidence.
Do we both have to agree to the divorce?
No. One party can apply. The other must be served, but their consent is not required — the ground is that the marriage has broken down irretrievably.
Does the divorce divide our property?
No. Property settlement is a separate process. A divorce does, however, start a time limit for bringing property proceedings, so the two interact.
What if we have children under 18?
The court needs to be satisfied that proper arrangements are in place for them before granting the divorce. It does not decide the parenting arrangements in that application — that is separate.
This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.
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