The Divorce Process Explained: A Guide for Gold Coast Families

Divorce can be one of the most challenging transitions a family faces. The legal process may seem overwhelming for Gold Coast families, as it is filled with paperwork, timelines, and unfamiliar legal terminology. Beyond the formal steps, there are also emotional and financial challenges to navigate, which can leave people unsure about what lies ahead.

This guide has been prepared to simplify the stages of divorce and highlight how a family lawyer on the Gold Coast can provide guidance throughout. From meeting the legal requirements to parenting arrangements and post-divorce considerations, the aim is to give you a clearer picture of what to expect and how to prepare.

The first step in the divorce process is meeting the eligibility criteria. In Australia, a divorce can only be granted when a marriage has broken down irretrievably. This means there is no reasonable likelihood of reconciliation.

Couples must demonstrate that they have been separated for at least 12 months before applying. Separation can apply even if both parties live under the same roof, though additional evidence is usually required in such cases. Another requirement is that at least one party must be an Australian citizen, have been born in Australia, or consider Australia their home and intend to live here indefinitely.

Speaking with a family lawyer near you can help confirm whether these requirements are satisfied and how they apply to your particular situation.



Once the legal criteria have been met, the next step is to prepare and file a divorce application. This can be done jointly with your former partner or individually if an agreement is impossible. When preparing documents, accuracy is very important, as errors can result in delays or complications.

A family lawyer on the Gold Coast can assist by guiding you through this stage and helping to make the process smoother. Some of the key steps involved in filing and preparing documents include:

• Divorce applications are lodged through the Federal Circuit and Family Court of Australia, and applications can often be submitted online.
• Supporting documents, such as affidavits, must be drafted carefully to meet the court’s requirements, especially if the separation occurred while the parties lived under the same roof.
• Service of documents is required when a sole application is made, and this involves following formal procedures so that the other party is properly notified.
• Legal timelines apply to each stage of filing and serving documents, so staying on track can help avoid unnecessary delays.

Each of these steps requires attention to detail, and having a family lawyer near you can guide you so that nothing important is overlooked.

Not every divorce application results in a court hearing. In fact, if there are no children under 18, the process can often be finalised without attending court. However, when children are involved, a short hearing may be required so the court can be satisfied that proper arrangements are in place for their care.

The court’s role is not to assign blame or examine reasons for the marriage breakdown. Instead, it focuses on whether the requirements of the Family Law Act have been met and whether the interests of children are protected. A family lawyer can guide you through the process, explain what to expect if a hearing is scheduled, and outline the timeframes for when a divorce order will take effect.



It is important to understand that divorce does not resolve property, finances, or superannuation issues. These matters are dealt with separately, and strict time limits apply after a divorce is finalised.



Negotiation is often the first step in resolving property matters. This can involve direct discussions between parties or through mediation services.



Mediation provides a structured environment for parties to explore solutions and reach legally documented agreements. Having a family lawyer near you during this process can be valuable in advising on what arrangements are legally sound.



If agreement cannot be reached, the matter may proceed to court, where a judge will make a binding decision. The court considers various factors, including contributions made during the marriage and each party’s future needs.

These pathways give families options when deciding how property and financial matters will be handled after separation.



When children are involved, their welfare is the most crucial consideration. Parenting arrangements cover where children live, how much time they spend with each parent, and how major decisions are made regarding education, health and other aspects of their lives.

Parents can create a parenting plan together, a written agreement, or seek formal parenting orders from the court. While a strategy can work well when cooperation is strong, formal orders may provide more security if disagreements arise.

A family lawyer can explain the differences between these options and help draft documents that reflect the children's best interests while being practical for both parents.

The divorce process concludes with a divorce order, which becomes final one month and one day after it is granted. At this stage, both parties are legally free to remarry if they wish.

There are several important matters to consider once a divorce is finalised:

• Parents may need to adjust existing parenting arrangements as children grow older or circumstances change.
• Financial agreements may require regular review, particularly where superannuation or spousal maintenance is involved.
• Updating wills, powers of attorney, and other personal documents can be crucial steps after divorce.
• Seeking ongoing advice from a family lawyer near you can help with post-divorce adjustments and clarify any new obligations.

Recognising these considerations early can make the period after divorce less confusing and give families a more straightforward path forward.

At EV Law, we understand that divorce is more than just a legal process – it is also a personal journey for families in our community. Suppose you are navigating separation and want to better understand your rights and options. In that case, speaking with a family lawyer can provide you with guidance tailored to your circumstances.

We invite you to get in touch via our contact page or give us a call to book a consultation. Taking that step can help you feel more supported as you move forward.