Brisbane Divorce Lawyers

Common Misconceptions About Divorce In Australia

Whatever the circumstances leading up to it, divorce is a difficult time for everyone involved. Unfortunately, there are many myths and misconceptions about divorce out there, and they only serve to confuse further and complicate matters. At Collective Family Law Group, we believe in providing honest, informative advice and guidance to help people better understand the divorce process. That’s why we decided to step up as premier Brisbane divorce lawyers and address some of the more common misconceptions about divorce.

The Most Common Misconceptions About Divorce

Every divorce matter is unique, as every family’s situation is different. Collective Family Law Group is here to dispel some common myths about divorce and separation in Australia.

  • MYTH: The mother always gets custody of the children. 
    • When two people separate, no law dictates which parent should have custody of the child or children. The two parties need to negotiate and come to an agreement that serves the childrens’ best interests. If an agreement can not be made, the court will decide based on several factors in your unique situation, including the child’s wishes, the child’s relationship with each parent, the accessibility of each parent, cultural issues, violence issues, and several other variables.
  • MYTH: Both parties need to agree to obtain a divorce. 
    • Two people can make a joint application for divorce, but one party can create a separate application for divorce. They will need to serve their spouse with the application and prove to the courts that they have been served.
  • MYTH: If I’m getting a divorce, I’ll have to go to the family court. 
    • The vast majority of people choose to negotiate all matters in mediation to keep their divorce out of the courts. At Collective Family Law Group, we exhaust every negotiation option we can before we take your matter to litigation. Our team comprises very experienced negotiators who’ll work hard to get the best outcome for you.
  • MYTH: My partner cheated on me, so I should get more in the divorce. 
    • In Australia, we have a ‘no-fault divorce’ jurisdiction, so moral infidelity does not impact property settlement or determine child custody arrangements.
  • MYTH: We can’t be separated if we’re still living together. 
    • You’d be surprised at how many separated couples continue living under one roof for convenience or financial reasons or to be close to the children. Yet, you can still prove separation under one roof if you sleep in separate bedrooms, divide the household chores, and pay bills separately.
  • MYTH: We’ll just split everything 50:50.
    • Unfortunately, in Australia, divorce settlements are a lot more complicated than that. The court applies a 4-step process to determine what is just and equitable in each unique circumstance, taking into consideration many factors and variables.
  • MYTH: If we’ve separated, I’m no longer obliged to support my ex financially.
    • If one party is unable to support themselves financially and the other party has the capacity to do so, the courts may require the financially capable party to provide spousal maintenance. This money is independent of and in addition to any child support needed.


How To Find The Right Divorce Lawyers In Brisbane

Divorce can be messy and complicated, so it’s essential to find divorce lawyers in Brisbane who understand you and your unique situation. Collective Family Law Group has a few tips for choosing the right divorce lawyer in Brisbane.

  • Personal compatibility. You need to be able to trust your solicitor, so you feel comfortable confiding in them about your divorce. Make sure you feel respected and valued by your lawyer from the very beginning.
  • Communication. You need to be in regular contact with your divorce lawyer, so make sure your solicitor has a plan outlining how they intend to maintain communication with you via phone calls, emails, or Zoom calls.
  • Choose an experienced family lawyer. When it comes to divorce and separation, you need to consult with a specialist family lawyer. The team at Collective Family Law Group practise exclusively in family law, and we have decades of experience working in all areas of family law.
  • Listen to recommendations. Ask your friends and family and consult with Google reviews to find an experienced, high-quality Brisbane divorce lawyer. If people are happy with their work, they won’t hesitate to make a recommendation.


Why Choose Collective Family Law Group? 

When you need Brisbane divorce lawyers, you’ll want to turn to a law firm you can trust. Collective Family Law Group is here to support you throughout your divorce, and there’s a reason more people turn to us for help.

  • We understand your situation. Most of our clients are going through challenging times, so we do our best to offer compassionate support through the family law process. Our family lawyers will take the time to listen to your story and provide you with the best advice for your unique situation.
  • We strive to keep our services cost-effective. Quality legal advice shouldn’t be prohibitively expensive, which is why Collective Family Law Group are dedicated to efficient and prompt resolution of family law matters. We offer free initial consultations and fixed fee services, so you’ll understand the costs from the very beginning.
  • Our results speak for themselves. We measure our results on the feedback we receive from our clients, as their happiness is our priority. We’re armed with the legal and practical knowledge to see you through a difficult time as simply and easily as possible.
  • We practice exclusively in family law. Many of our associates and senior lawyers at Collective Family Law Group have specialised exclusively in family law, giving them a unique edge over other law professionals in the industry. They’re passionate about delivering accurate, high-quality legal advice that you can rely on.
  • There’s not much we can’t do. From separation, divorce, and parenting matters to property settlement, binding financial agreements, and domestic violence, our legal team are experienced in all areas of family law.
  • We provide solicitor-free alternatives. If you’d like to settle your divorce as quickly as possible without taking it to court, you may want to try using Resolve Online. Collective Family Law Group’s director, Caralee Fontenele, designed this affordable online resource to guide people through the family law process at their own pace without having to spend money on legal fees. Resolve Online has short videos, workbooks, information sheets, checklists, and clear steps to help you work through your legal issue in the most efficient, affordable way.


Contact Collective Family Law Group For Brisbane Divorce Lawyers You Can Trust

At Collective Family Law Group, our practice focuses exclusively on family law matters. We’re industry experts in all matters of family law, including but not limited to matters of separation, property settlement, domestic violence, financial agreements, divorce, and child support. We strive to provide quality legal services with a resolution-focused approach to our clients’ needs, and our team offer practical legal advice and solutions in a professional, approachable manner. If you need Brisbane divorce lawyers, contact Collective Family Law Group today.


We are committed to the efficient and prompt resolution of family law matters, in the most cost effective manner possible.

Call us today to make an appointment for your free consultation with one of our experienced family lawyers.


These guys have been absolutely amazing with helping me with my case as it has been tough but they have helped me get through it. Honestly the team have been so amazing and have helped me with been able to get the courage to get through this situation and they have been so supportive. The service has been fantastic as they have checked up on me and my family constantly to see how we have been going through out the process. I would highly recommend Collective Family Law Group to any one seeking assistance in a family law matter. Yours Faithfully, Mark.

I cannot speak highly enough about the team at Collective Family Law. I was going though a very hard time emotionally and financially and received nothing but compassion and support. If you need a family lawyer please look no further than this group of high knowledgeable and skilled people, you’ll be glad you did. Yours faithfull Brendan.

If any interaction with a business deserve 5 stars this law firm does. When I left I felt like I had been problem solving with a trusted friend over coffee, beware the choc chip cookie jar in the kitchen area

The whole team at Collective Family Law have been so helpful. They have helped me through such a hard time and went above and beyond to make sure my every need was met, and to such a high standard. Couldn’t recommend them enough!!!

The team at Collective Family Law Group helped me navigate through a very difficult time in my life. I appreciated their honest, straight forward approach and would recommend them to anyone needing family law work done.

Amazing firm and staff! Couldn’t recommend enough.

Fantastic experience. I was skeptical of the whole free first consultation thing but how wrong I was. Jenny was awesome, answered all of my questions and advised clearly on my situation with knowledge, understanding and a lovely manner. Would recommend to anyone who asks.
My first (and hopefully last) experience with a family law service, so I have nothing to compare to. I don’t know what fees are like generally with other family law services, but it was a costly experience. You do get what you pay for though, I always had a prompt and professional response to all of my concerns.

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