When a marriage comes to an end, the rights entitlements and responsibilities of the spouses are primarily governed by the provisions of the Family Law Act and the Child Support Legislation.

These laws are Commonwealth laws and apply in the same way throughout every State and Territory in Australia, with some minor changes in Western Australia.

The Courts that decide disputes in relation to children, property, spousal maintenance, divorce and other issues arising out of the breakdown of a marriage are Commonwealth Courts and are primarily the Family Court of Australia and the Federal Magistrates Court, a division of the Federal Court Australia.

In Queensland both of these Courts have their primary registries in Brisbane.

It is important to remember that in Australia we have a “no fault” divorce system so the issue of “fault” of either spouse in the cause of the breakdown of a marriage won’t impact on the capacity to obtain a divorce or the issues relating to children or finances.

If you are or have been living in a defacto relationship, including a same sex relationship, your rights in relation to property arise under State law. In Queensland your rights and responsibilities are set out in Part 19 of the Property Law Act and your case, at least at present, will be heard in the Magistrates, District or Supreme Court, depending on the value of your assets.

Any issues in relation to children of parents living in a defacto relationship, including parents who have never lived together, will be decided in the same way as children of married parents. The Family Law Act applies to all children, regardless of the marital status of their parents.

If you need to have both your financial issues and issues in relation to your children decided by a Court then, at least for the time being, you will have your financial issues decided in one of the State Courts and the issues in relation to your children decided by a Judge of the Family Court or the Federal Magistrates Court.

Child Support issues are generally dealt with by the Child Support Assessment and Collection Acts in the same way as for children whose parents are or have been married.

In Australia we have a “no fault” divorce system. That means that in order bring a legal end to your marriage you are not required to prove that either of you are “at fault”.

The main requirement is that a judge is satisfied that you and your spouse have been separated for 12 months. That period can include some time you might spend separated but still living in the same house.

If you have children the judge will also need to be satisfied that proper arrangements have been made for those children.

All sorts of complications can arise in applying for a divorce, although the process is designed to be a fairly straightforward one. We can assist you with applying for a divorce, particularly if you face some unusual or difficult circumstances such as not knowing where your spouse is or perhaps where there have been one or periods of attempted reconciliation throughout the 12 month period of separation you wish to rely on.

If you have a complicated divorce application, or you would just prefer a lawyer to handle the divorce application for you, then click here, provide us with your details and we will be able to assist you further.

Otherwise the Federal Magistrates Court provides a useful and easy to follow “do it yourself divorce kit” that you can download and use to apply for your divorce.