Family Law
Family law matters are often emotionally challenging. Our compassionate team provides clear, practical advice to help you navigate divorce, property settlement, parenting arrangements, and other family law issues. We strive to resolve matters amicably where possible, while protecting your rights and the best interests of your children.
People search daily for "divorce lawyer Brisbane," "property settlement lawyer Queensland," and "family law solicitor near me." Our firm is well-positioned to help because we combine deep knowledge of the Family Law Act 1975 (Cth) with practical, compassionate advice tailored to your circumstances. We serve clients across Brisbane, the Gold Coast, and throughout Queensland in all family law matters. We understand that family breakdown can be one of the most difficult experiences in life. Our team is committed to providing supportive, client-focused legal services that help you move forward with confidence. We aim to achieve practical, fair outcomes without unnecessary conflict, but we are ready to advocate strongly for you when required.
Contact UsOur Family Law Services
- Divorce and separation proceedings
- Property settlement and financial agreements
- Parenting arrangements and child custody
- Spousal maintenance and child support
- Binding Financial Agreements (prenuptial agreements)
- Mediation and alternative dispute resolution
- Consent orders and parenting plans
- Domestic violence protection orders
- Relocation and international parenting disputes
- De facto relationship disputes
- Same-sex relationship matters
- Independent children's lawyer appointments
- Family dispute resolution
- Injunctions and urgent family law orders
Family Law FAQs (Queensland Law)
How long does a divorce take in Queensland?
The divorce process requires a minimum of 12 months separation before applying. Once filed, the Federal Circuit and Family Court of Australia typically takes 4–8 weeks to grant a divorce. It becomes final one month and one day later. Total time from separation to final divorce is approximately 13–14 months.
How is property divided in a Queensland divorce?
Property division follows a four-step process under the Family Law Act 1975: identifying all assets and liabilities, assessing each party's financial and non-financial contributions, considering future needs, and determining what is just and equitable. We help clients negotiate fair settlements without court proceedings where possible.
What is the difference between consent orders and a parenting plan?
Consent orders are legally binding orders made by the Federal Circuit and Family Court of Australia, enforceable by the court. Parenting plans are informal written agreements that are not legally binding but can be used as evidence of agreed arrangements. We help clients choose the right option for their circumstances.
How much does a divorce lawyer cost in Brisbane?
The cost of a divorce lawyer in Brisbane varies depending on complexity. At Enlight Lawyers, we offer fixed-fee divorce applications starting from a competitive rate. The court filing fee is currently $1,060 (or $360 with a concession card). Contact us for a transparent quote tailored to your situation.
Can I get a divorce if we are separated under the same roof in Queensland?
Yes, you can be separated under the same roof in Queensland. The court requires evidence that the marriage has broken down, such as separate bedrooms, separate meals, no shared domestic duties, and no sexual relationship. An affidavit from a third party may be needed to support your application.
Related Practice Areas
Divorce & Separation
Divorce marks the legal end of a marriage, and in Australia the process is governed by the Family Law Act 1975 (Cth). Since the introduction of no-fault divorce in 1975, you do not need to prove that your spouse did something wrong — the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation. For married couples in Queensland, an application for divorce is filed with the Federal Circuit and Family Court of Australia (FCFCOA). The process can be straightforward if both parties agree on the separation date and there are no children under 18, but even in more complex situations the court system is designed to be accessible without legal representation if you choose to apply alone or jointly with your former spouse.
View ServicesProperty Settlement & Financial Agreements
Property settlement is the process of dividing assets, liabilities, and financial resources after separation. In Queensland, as in the rest of Australia, property settlement is governed by the Family Law Act 1975 (Cth), which applies to married couples and de facto couples alike. The law requires a just and equitable division of all assets, which includes real estate, bank accounts, shares, motor vehicles, superannuation, businesses, and other financial resources. It also includes liabilities such as mortgages, credit card debts, and personal loans. The court follows a well-established four-step process to determine how property should be divided: identifying the asset pool, assessing each party's financial and non-financial contributions, evaluating future needs, and determining what is just and equitable in all the circumstances. Property settlement can be achieved by mutual agreement through consent orders or a binding financial agreement, or by court order if the parties cannot agree.
View ServicesParenting & Children's Matters
Parenting matters are often the most sensitive aspect of family law, as they involve decisions about where children will live, how much time they will spend with each parent, and how parental responsibility will be shared. Under the Family Law Act 1975 (Cth), the paramount consideration in any parenting decision is the best interests of the child. The Act sets out a presumption that equal shared parental responsibility is in the best interests of the child, meaning both parents should have an equal role in making major long-term decisions about the child's welfare, including decisions about education, health care, and religious upbringing. However, this presumption does not apply if there are reasonable grounds to believe that a parent has engaged in abuse of the child or family violence. For parents in Queensland, parenting arrangements can be formalised through consent orders filed with the Federal Circuit and Family Court of Australia or through a less formal parenting plan that records the agreement reached between the parties.
View ServicesDomestic Violence & Protection Orders
Domestic and family violence is a serious issue that affects many Queensland families. If you are experiencing domestic violence, protection orders are available under the Domestic and Family Violence Protection Act 2012 (Qld) to help keep you and your children safe. A domestic violence order (DVO), also known as a protection order, is a court order that imposes conditions on the respondent (the person who has used violence) to prevent them from committing further acts of domestic violence. In Queensland, DVOs are made in the Magistrates Court and can be applied for by the aggrieved person (the person who has experienced violence) or by a police officer on their behalf. Police can also apply for a protection order without the aggrieved person's consent if they believe the order is necessary for their safety. A DVO can include conditions that prohibit the respondent from contacting or approaching the aggrieved person, attending their home or workplace, or possessing weapons. These orders can be tailored to address the specific circumstances of each case.
View ServicesBinding Financial Agreements
Binding Financial Agreements (BFAs) are private contracts that allow couples to agree on how their property, finances, and superannuation will be divided if their relationship ends. Commonly known as prenuptial agreements (pre-nups) when made before marriage, BFAs can also be made during a marriage or de facto relationship (post-nuptial agreements) or after separation to finalise property matters. In Australia, BFAs are governed by the Family Law Act 1975 (Cth), specifically sections 90B, 90C, and 90D for married couples and sections 90UC, 90UD, and 90UE for de facto couples. These provisions set out the requirements for an agreement to be binding, including the requirement that both parties receive independent legal advice about the effect of the agreement on their rights and the advantages and disadvantages of entering into the agreement. A properly drafted BFA can provide certainty and avoid the cost, delay, and emotional stress of court proceedings if the relationship ends.
View ServicesSpousal Maintenance & Child Support
Spousal maintenance and child support are two separate but related financial obligations that can arise after separation. Spousal maintenance is the ongoing financial support that one partner pays to the other after separation if the recipient cannot adequately support themselves due to circumstances such as age, ill health, caring for children, or limited earning capacity. The obligation to pay spousal maintenance arises under the Family Law Act 1975 (Cth) and is not automatic — it depends on the financial circumstances of both parties. Child support, on the other hand, is the financial contribution that parents make towards the costs of raising their children. In Australia, child support is primarily administered by Services Australia (the Child Support Agency) through a formula-based assessment that considers both parents' incomes and the care arrangements for the children. While spousal maintenance and child support are related, they are assessed and enforced separately, and you can apply for one without the other.
View ServicesLast updated: July 2026
Our Approach to Family Law
We prioritise resolution over litigation. Our approach begins with understanding your unique circumstances and goals. We then explore all options for reaching agreement, including negotiation and mediation, before considering court proceedings. When settlement is not possible, we provide robust representation to protect your interests and those of your children.
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