Divorce - Sole Application with Minor Children (Queensland)

Purpose of this Guide: Use this plan when your client is the sole applicant for a divorce and there are children of the marriage under 18 years of age. The presence of minor children makes court attendance legally mandatory and requires the applicant to satisfy the Judicial Registrar that proper arrangements are in place for the children before the divorce will be granted. Open it at intake and follow it through to post-hearing limitation period advice.\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) via the Commonwealth Courts Portal. There are no forks in this plan.\n\nThe Process at a Glance: The lawyer verifies the 12-month separation period under section 48, confirms the client's jurisdictional eligibility, and checks whether a corroborating witness affidavit is needed if the parties lived under one roof during separation. Part F of the Application for Divorce is drafted in detail, covering each child's housing, financial support, health, and educational arrangements to satisfy the section 55A test. The application is sworn, e-filed via the Commonwealth Courts Portal, and the respondent is personally served at least 28 days before the hearing. Because children under 18 are involved, the client must attend the court hearing and the lawyer appears before a Judicial Registrar to advocate that the section 55A arrangements are proper. The Registrar may request additional information or an adjournment if not satisfied. Once the divorce order is granted, it becomes operative one month and one day later, and the lawyer must promptly advise the client on the 12-month limitation period for property settlement and spousal maintenance.\n\nKey Legislation and Case Law: - s 48 (irretrievable breakdown: 12 months separation is the sole ground for divorce), s 49 (separation under one roof: requires corroborating witness affidavit), s 55A (mandatory requirement for court to be satisfied that proper arrangements exist for children under 18 before granting divorce - triggers compulsory court attendance), s 55(1) (divorce becomes absolute one month and one day after the order), s 44(3) (12-month limitation period for property settlement and spousal maintenance commencing from when the order becomes absolute). - Rule 2.25 (personal service must be effected at least 28 days before the hearing date). Where the respondent cannot be located, an application for substituted service or dispensation of service must be made as a separate interlocutory step. Child Support Agency assessments or private financial maintenance arrangements should be documented in Part F.