Are you thinking about divorce? Have you recently separated? Do you want to know what happens with your children, your property or your business?
Divorce marks more than the legal end of a marriage — it brings financial, legal and emotional change. Understanding your rights helps you avoid costly mistakes and protect your future.
At Swanwick Murray Roche, we help you navigate this process with clear advice and practical strategies.
What Is a Divorce?
A divorce legally ends a marriage in Australia. However, it doesn’t automatically deal with property, financial matters or parenting arrangements. You must address those separately, either through an agreement or through the Family Court.
Australia uses a no-fault divorce system. You don’t need to prove fault or blame. You only need to show that the marriage has broken down irretrievably, which you demonstrate by being separated for 12 months.
Read here for more specific information about divorce.
When Can You Apply for Divorce?
You can apply for a divorce in Australia if you:
- Have been separated for at least 12 months
- Are an Australian citizen, permanent resident, or consider Australia your home
- Have a valid marriage under Australian law (including overseas marriages)
You can lodge the application on your own or with your former spouse. If you have children under 18, you must satisfy the Court that proper arrangements are in place for their care and welfare.
Once the Court grants the divorce, it becomes final one month and one day after the hearing. You can read more about divorce applications here.
What Happens With Children After Divorce?
Australian law doesn’t use the term “custody.” Instead, it focuses on parental responsibility, living arrangements, and time spent with each parent.
The Family Law Act gives priority to the best interests of the child. The law presumes both parents share parental responsibility, unless safety concerns such as family violence apply.
You and your former partner can:
- Agree informally on parenting
- Document your agreement in a parenting plan
- Formalise arrangements through consent orders
- Ask the Family Court to decide if you cannot agree
Our lawyers can help you negotiate child-focused arrangements that are practical and enforceable. Read more here about making child focused parenting arrangements for your children.
How Do You Finalise a Property Settlement?
You don’t automatically divide assets when you get divorced. You need to agree on a legally binding property settlement or ask the Court to decide. Read more specific information about property settlements here.
The Court uses a four-step process to divide assets:
- Identify and value all assets and debts — including houses, bank accounts, super, vehicles, businesses and liabilities
- Assess both financial and non-financial contributions — including income, homemaking, parenting, inheritances and gifts
- Consider each party’s future needs — such as age, health, income-earning capacity, and care of children
- Decide what is fair and just in the circumstances
You must apply for a property settlement within 12 months of your divorce becoming final. If you miss the deadline, you must ask the Court for special permission to proceed. Read more specific information about property settlements here.
How Does Divorce Affect Business or Trust Interests?
If you or your former spouse own a business, trust or company, the Family Court may include it in the property pool. You may need to disclose, value and divide these assets fairly.
We regularly advise clients on:
- Business ownership and valuation
- Family trust structures and control issues
- Company shares and directorships
- Tax consequences of transfers and settlements
We work closely with your accountant or financial adviser to protect your interests and ensure long-term business viability. Read more specific information about property settlements here.
Can You Split Superannuation?
Yes. The Family Law Act treats superannuation as property. You can agree to split super or ask the Court to make orders about it.
Super splitting doesn’t convert super into cash. Instead, it transfers an amount to the other party’s fund or creates a new interest. We help clients structure fair outcomes when one party holds significantly more super than the other.
What Is Spousal Maintenance?
Spousal maintenance is financial support that one party pays to the other after separation or divorce. The law may require you to pay maintenance if:
- Your former partner cannot adequately support themselves
- You have the capacity to pay
Spousal maintenance can be ongoing, fixed-term or paid as a lump sum. It is separate from child support.
We assess your eligibility and help you negotiate or contest claims based on your circumstances.
Why You Need a Family Lawyer
Trying to handle a divorce or settlement without legal advice can expose you to serious risks. You may:
- Miss the 12-month deadline to apply for property settlement
- Make agreements that are not legally binding
- Overlook key assets such as trusts, business interests or super
- Create vague parenting arrangements that lead to disputes
- Face unexpected tax or stamp duty costs
When you work with us, we identify risks early, ensure legal compliance and help you negotiate fair, enforceable outcomes.
How Swanwick Murray Roche Can Help
Our family law team assists clients throughout Rockhampton and regional Queensland with:
- Divorce applications
- Parenting agreements and consent orders
- Property and financial settlements
- Business, trust and superannuation advice
- Spousal maintenance matters
- Binding Financial Agreements
- Court representation if needed
We prioritise practical outcomes, minimising stress and cost wherever possible.
Call us on (07) 4931 1888 or contact us to book a confidential appointment.
Disclaimer
This article provides general information only. It does not constitute legal advice. You should speak to a qualified solicitor about your specific situation before making decisions about separation, divorce or property matters.