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Divorce

Divorce Lawyers Gold Coast

Helping You Navigate Divorce with Confidence

Divorce can be an emotionally challenging time, but our experienced Gold Coast family lawyers are here to guide you through the process and ensure everything is handled smoothly. Whether you need assistance with filing your application, meeting legal requirements, or understanding your rights, we provide expert support every step of the way.

Am I Eligible for a Divorce?

To apply for a divorce in Australia, you must meet the following criteria:

  • 12-Month Separation – You and your ex-spouse must have been separated for at least one year, with no chance of reconciliation.
  • Jurisdiction – At least one of you must be an Australian citizen, a permanent resident, or have lived in Australia for at least 12 months before applying.
  • Marriage Under Two Years – If you were married for less than two years, you must provide a counselling certificate confirming you and your ex-partner have attended family counselling. If counselling is not possible, you will need to apply for an exemption.

Key Legal Considerations in Divorce

When preparing your divorce application, there are legal factors to consider, including:

  • Sole or Joint Application – You can file for divorce individually or together with your ex-spouse. The process varies depending on which option you choose.
  • Serving Divorce Papers – If filing a sole application, you must serve divorce documents to your ex-partner correctly, following the legal rules.
  • Living Under the Same Roof During Separation – If you and your ex-spouse continued living together after separation, you may need to provide additional evidence.
  • Time Limits for Property Settlements – After your divorce is finalised, you have 12 months to initiate property settlement proceedings.

Our family law team ensures that all legal requirements are met, preventing unnecessary delays and complications in your divorce process.

Divorce Application Process

  1. Filing the Application

    You submit a divorce application to the Federal Circuit and Family Court of Australia (we can assist in preparing and filing it correctly).

  1. Court Attendance

    In most cases, you don’t need to attend court, especially if the divorce is uncontested. However, attendance may be required in certain situations (e.g., if there are children under 18).

  1. Divorce Finalisation

    Once granted, the divorce order becomes final one month and one day after the hearing.

What Happens After Divorce?

💼 Property Settlements & Financial Agreements

Once your divorce is finalised, you have 12 months to apply for property and financial settlements. If this deadline passes, you may need special permission from the Court to proceed.

📜 Updating Your Will & Estate Planning

Divorce can invalidate parts of your Will, meaning your assets may not be distributed as intended. Our Wills & Estates team can assist you in updating your Will, Enduring Power of Attorney, and Superannuation Nominations to ensure they reflect your current wishes.

Need Divorce Assistance? Contact Us Today

If you are considering a divorce, our Gold Coast family lawyers can assist you with filing your application, addressing legal concerns, and ensuring a smooth process. Contact Robbins Watson Solicitors today to schedule a free initial consultation with one of our experienced family lawyers. 

To book an appointment, you can:

  • Call us on 07 5576 9999
  • Book an appointment online by clicking here
  • Fill out our online enquiry form by clicking here

Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.

Meet the team

Ruth Jeffers

Partner

Alexandra Coyle

Senior Associate

Emily Molloy

Solicitor

Why choose Robbins Watson Solicitors?

Discover what makes us different.

Experience you can count on

With over 60 years in business, we position our clients and their businesses with the best advice to enable them to prosper.

We’re committed to you

We recognise your needs, assess specific priorities and objectives and develop strategies to meet them.

Enduring relationships

We generously invest time and expertise to understand our clients and build beneficial long-term relationships.

Efficient teams

We embrace technology to ensure our clients outcomes are delivered quickly, efficiently and cost-effectively.

What our clients have to say

As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

Cate B

Sean and his team have always been incredibly supportive and knowledgeable. Couldn’t recommend Robbins Watson Solicitors more!

B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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+61 7 5576 9999

Frequently Asked Questions (FAQs)

How do I apply for a divorce in Australia?

You can apply to the Federal Circuit and Family Court after you and your spouse have been separated for at least 12 months, whether living apart or under the same roof.

Do I need to prove fault to get a divorce?

Australia has a no-fault system, so the only ground for divorce is the irretrievable breakdown of the marriage demonstrated by 12 months’ separation.

Does divorce finalise property settlement?

No, divorce only ends the marriage; property settlement and parenting arrangements are separate issues that need to be resolved by agreement or court orders.

What about arrangements for children when divorcing?

Before granting a divorce, the court must be satisfied that proper arrangements are in place for any children under 18, but detailed parenting orders are not a prerequisite.

How long after divorce can property claims be made?

You generally have 12 months from the date of the divorce order to file for property or spousal maintenance claims; otherwise you need the court’s permission.