Divorce - Respondent (Queensland)

Purpose of this Guide: Use this plan when your client has been served with a sole Application for Divorce and needs advice and representation as the respondent. Open it immediately on receiving instructions following service, as there is a 28-day deadline to file a Response to Divorce if the client wishes to oppose, correct errors, or make submissions about children's arrangements.\n\nJurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Filed at Queensland registries (Brisbane, Townsville, Cairns, or Rockhampton). There are no forks in this plan.\n\nThe Process at a Glance: The lawyer begins by verifying that service was properly effected in accordance with the Rules - checking method of service, date, and identity of person served. The applicant's claimed separation date and eligibility under section 48 are then scrutinised against the client's instructions. The lawyer advises on the three possible response pathways: doing nothing and not opposing the divorce, filing a Response to Divorce to correct factual errors on the public record (such as the number or names of children), or formally opposing the divorce on limited jurisdictional grounds. If children under 18 are listed on the application, the respondent should review the section 55A care arrangements proposed and raise any disputes before the hearing. The matter proceeds to a court hearing if there are children under 18 or the divorce is opposed, otherwise it may be determined in chambers. Once the divorce order is made, both parties are advised on the critical 12-month limitation period for property settlement and spousal maintenance claims.\n\nKey Legislation and Case Law: - s 48 (the sole ground for divorce: irretrievable breakdown of marriage established by 12 months separation), s 49 (separation under one roof: requires corroborating affidavit - respondent should scrutinise this claim), s 55A (proper arrangements for children under 18 - respondent can dispute adequacy of the applicant's proposed arrangements at the hearing), s 55(1) (divorce becomes absolute one month and one day after the order), s 44(3) (12-month limitation on property and maintenance claims after divorce becomes absolute). - respondent has 28 days from service to file a Response to Divorce via the Commonwealth Courts Portal. A response may correct factual errors or formally oppose the divorce but grounds for opposition are narrow and do not include simple disagreement with the separation date in isolation.