Helpful Information

Frequently Asked Questions

1. What Are The Grounds For Divorce?

The only reason for divorce in Australia is that there has been an ‘irretrievable breakdown’ of the marriage. You show this by being separated for at least 12 months.

2. Do I Have To Try Counselling?

If the marriage lasted less than two years, you will have to attend compulsory counselling, otherwise, there is no compulsory requirement for counselling.

3. After I Am Divorced Can I Use My Old Surname?

A woman can use the name she had on her Birth Certificate (her maiden name) at any time. If you do this, make sure you let people know, including anyone you deal with - banks and financial institutions, telephone and electricity providers, Queensland Transport (if you have a current driver’s licence) and any other organisations that you would need to advise about changes to your personal information.

4. Do We Have To Be Divorced First, Before An Order Can Be Made Regarding The Children?

No. A Court can make Orders about the welfare of children even if you are not divorced.

5. What About The Children Of De Facto Couples?

All children are treated the same way by the Family Law Act. It does not matter whether their parents are married.

6. What If My Child Is Taken Away?

First, see a solicitor. The process is complex and you must act quickly so it is not the sort of thing you should do by yourself. You may have to apply for a Recovery Order. The Judge may order counselling so that you and the other parent can try to sort out the problem.

7. How Long Do Court Orders Relating To Children Last?

The Order ends when the child turns 18 years, marries, is adopted, or when the Order is cancelled or changed by the Court.

8. What If A Man Denies That He Is The father?

A medical test can be used to establish whether a man is the father. This is called a paternity test. You cannot force a man to undergo this test. It would have to be ordered by the Court and you should ask a solicitor to help you get this Order. If an Order is granted and he still refuses, then the Court can presume that he is the father, based on his refusal.

9. Are Spouse Maintenance And Child Maintenance The Same Thing?

No.

10. In A Property Settlement Is There A 50/50 rule?

No. There are many factors that are used to work out how property is divided. Some of these include the length of the marriage, non-financial contributions to the marriage and assets that were owned before the marriage.

11. Can I Include Other Things Besides Property In A Consent Order?

Yes. You can include spouse maintenance, as well as residence and contact with your children. You can deal with all of these issues at one time.

12. What Is A Pre-nupital Agreement?

Couples who are about to marry and who wish to detail and regulate their financial relationship both during the marriage and in the event of death, separation or divorce can enter a pre-nuptial agreement. Provided the agreement is completed correctly it is enforceable in Court.

13. Can People In A De Facto Relationship Apply For Spouse Maintenance?

No.

Some Useful Contact Numbers And Websites

Recommended Reading

There is a huge amount of reading material available to help you understand the issues involved in separation and divorce. Your local library or the counselling section of the Family Court can provide you with suggested reading and most good bookshops have a range of relationship and self-help books.

Here Are A Few Titles Currently Available:

‘Does Wednesday Mean Mum’s House or Dad’s House’

Marc J Akerman - 1997

Written by a practising psychologist, this book explains parenting after divorce. It also covers practical tips.

‘Blended Family Source Book’

David Chedekel

This book deals with the process of blending households. It includes advice on how to improve communication and how to set realistic expectations.

‘Dad is Leaving Home’

Michael Dummond

A teenage brother and sister take turns telling their own sides of the conflict in their family when impending divorce forces them to take sides and work out their feelings for their parents and each other.

‘Dad’s Place’

A book about fatherhood and the contribution men can make to the personal and social development of their children, especially after separation and divorce.

‘Divorce and New Beginnings’

Genevieve Clapp

This book deals with the emotional and practical aspects of divorce. It offers practical tips and insights on getting through the problems and adjusting to a changed life.

‘Divorce Is Not the End of the world’

Zoe Stern - 1990

This book is written for children and is full of things that children will want to know about divorce.

‘Don’t Divorce Your Children’

William Sammons - 1999

This book contains diary entries from parents and children. It shows how understanding the child’s point of view is essential when dealing with divorce.

‘A Healthy Divorce’

Craig Everette - 1998

A step-by-step program to help families, therapists and counsellors create a responsible, deliberate process that focuses on the emotional wellbeing of parents and children in divorce.

‘Helping Your Child Survive Divorce’

Shaw - 2000

This book provides guidance and advice for parents of children who are struggling to understand divorce.

‘Changing Hearts’

J Barrett

This book offers advice on how best to approach separation, how to tell the children and effective ways to face the future alone.

Back to Contents