Navigating the end of a relationship can be overwhelming, but with the right guidance, it doesn’t have to be.
At Emerson Family Law, we act as your dedicated legal advocates, helping you move through the process with minimal disruption. Our focus is to resolve matters efficiently and amicably, keeping the wellbeing of your family at the forefront.
Your Support Through Life’s Toughest Transitions
Understanding Divorce in Australia
Video by Special Counsel Gavin Lai
- ✓ Can I apply for a Divorce Order in Australia?
- ✓ How do I apply for a Divorce Order in Australia?
- ✓ What does a Court consider in a Divorce Application?
- ✓ Can I oppose a Divorce Application?
- ✓ Do I have to attend the Divorce Hearing?
- ✓ Will decisions about future arrangements for our children, property and spousal maintenance be made at the same time?
- ✓ I have applied for a Divorce in Australia, is it safe to set a wedding date for my new marriage?
- ✓ I married overseas – can I get a Divorce in Australia?
- ✓ I got divorced overseas – is it recognised in Australia?
Prerequisites for Divorce
Before granting a divorce, the court needs
to be sure of several things:
Jurisdiction
The court must have the authority to
handle your case.
Proper Service
All legal documents must be correctly delivered to the involved parties.
Legal Marriage
You and your spouse must be legally
married.
Irretrievable Breakdown
The marriage must be beyond repair
Separation Period
You must have been separated for at least 12 months.
Children’s Welfare
Before granting a divorce, the court needs to be sure of several things:
Most Common Separation Issues
Understanding the Nuances of Separation
Separation isn’t exclusive to married couples. It also applies to couples in De Facto relationships, meaning those who live together without a formal marriage. Generally, separation is straightforward when one partner moves out. However, there are instances where both partners continue to live together but consider themselves separated. If both parties are in agreement, this usually poses no issues.
Addressing Complex Separation Scenarios
When one person thinks they’re separated while living together, but the other doesn’t agree, it’s important to look at how the relationship has changed before and after the claimed separation date. This can affect child custody and property division.
Establishing Separation While Living Together
If you claim to be separated but still share a home, you’ll need to demonstrate that your continued cohabitation is for the benefit of any children involved rather than a continuation of the relationship. Contact our professional divorce solicitors in Brisbane if you wish to establish it.
The Importance of Timing in De Facto Relationships
If you’re in a De Facto relationship, you have two years from the date of separation to file for property division. Missing this deadline can complicate things, so it’s crucial to act quickly.
Brisbane's Best Divorce and Separation Lawyers
N B
2025-11-10
I have absolutely no hesitation in recommending Gavin Lai from Emerson Family Law. From start to finish he was kind, understanding and knowledgeable. His prompt replies and efficiency were second to none! He helped me navigate my way through an awful divorce and he achieved a terrific financial result for which I will be forever grateful.
Sarah Ryan
2025-11-06
I am incredibly grateful for the support and guidance I received from Gavin Lai, Special Counsel at Emerson Family Law.From our very first meeting, Gavin presented as kind, understanding and highly professional.Gavin took the time to truly listen, explain each step clearly, and ensure that I felt informed and supported at every stage. His calm and practical approach helped me navigate difficult decisions with confidence and clarity. I consistently felt that my children’s best interests and my wellbeing were his top priority.Gavin’s communication was exceptional - he was consistently responsive and proactive in keeping me updated, which provided great reassurance throughout the process.I would not hesitate to recommend Gavin to anyone seeking a knowledgeable, trustworthy, and compassionate family lawyer. He has made an incredibly difficult time much easier to manage, and I am deeply thankful for his help.
Sylvia Lee
2025-10-30
It is a real privilege and pleasure to work with Gavin Lai. It was a really stressful time for me and my family, and Gavin made things easy, straight-forward, understandable, and he is a really lovely person. Thank you so much Gavin, I would always very highly recommend him.
alona gilhang
2025-10-25
My journey to this unforeseen life-changing circumstance led me to Gavin Lai, he was highly recommended from a common friend. Gavin's personal approach showed he truly cared. Gavin from the get-go was proactive, honest, upfront while equally sensitive and understanding in dealing with realities of separation. He listened, provided sound advice and never overcommit. He was very responsive and will walk and run with you from start to finish. His expertise in the industry is commendable. Trusting Emerson Family Law and Gavin to handle my family matter was a great decision. Thank you so much Gavin.
Jazmine Zenoni
2025-10-23
I had the privilege of working with Gavin Lei from Emerson Family Law during a very difficult period in my life, involving complex family law matters concerning a young child. This process spanned over two years, and without Gavin’s guidance, expertise, and compassion, I honestly don’t know how I would have managed.Gavin’s insightfulness and knowledge are second to none. He consistently demonstrated professionalism, honesty, and genuine care for my situation. What I appreciated most was that he always had my best interests at heart but never sugar-coated things — he was honest, realistic, and always prepared.Thanks to Gavin, an incredibly stressful and emotional time was made that little bit easier. I can’t recommend him highly enough to anyone needing strong yet compassionate representation in family law matters.Thank you, Gavin, for everything.— Jazmine Zenoni
Bevan Muller
2025-08-20
I was going through a marriage separation and was not in a good place, but the way Gavin helped me through the process and always kept me informed helped me through all of this. I cannot thank the firm and Gavin enough.
Lucy Ting
2025-08-03
Gavin Lai has guided me (respondent in a complex and unusual family law case) for the last 15 months, that included an "out of time" threshold hearing trial. A consummate professional and prompt communicator, not the attributes that I can describe my first lawyer. I had full confidence and trust in Gavin, who navigated a good outcome!
Zoe Jayne
2025-07-30
I had the privilege of being represented by Gavin during a very challenging family court matter. Throughout the entire process, he provided not only expert legal guidance but also genuine support and reassurance.What truly stood out to me was his integrity and honesty—always keeping me informed, never in the dark, and consistently encouraging me to take the right path, even when emotions ran high. Gavin approached every step with wisdom, clarity, and a calm presence that gave me confidence during an incredibly difficult time.I’m truly grateful for the dedication, empathy, and professionalism Gavin showed me, and I wouldn’t hesitate to recommend the Emerson Family Law to anyone navigating complex family law matters.
Chris Anderson
2025-06-19
Highly recommend. I have engaged Gavin from Emerson Family Law a number of times and have found him to be extremely knowledgeable, ethical, reasonable, thorough and prompt. I doubt his communication could be bested, it is excellent. I always felt confident and informed with him as my solicitor. Having to go through a legal process for the first time can be overwhelming, and family/ friends/ strangers often give advice with no personal experience- if you want to be informed and confident, I recommend contacting Emerson Family Law for your peace of mind.
Adam Stone
2025-04-02
I was recommended to see Gavin Lai and I highly recommend him for family law matters. Gavin was a cool and steady hand to help me get through a difficult time, focusing on the big picture and using his experience to navigate the way forward and ensure things proceeded as smoothly as possible. Prompt, concise, cost conscious and focused, if you find yourself in the unfortunate position of a separation - call Gavin.
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