Legal Project Management Plan & Checklist
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.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Divorce - Sole Application with Minor Children (Queensland) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for FAMILY_LAW cases, outlining the standard DISSOLUTION_OF_MARRIAGE process. Utilize these tracking templates to manage your legal cases efficiently.
Establish jurisdictional eligibility, verify identity, rule out conflicts of interest, and rigorously map out the living and welfare arrangements for the children to ensure Section 55A compliance.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
FLA s 48 - Irretrievable Breakdown as the Sole Ground for Divorce
Under s 48 of the Family Law Act 1975 (Cth), the only ground for divorce in Australia is irretrievable breakdown of the marriage. Irretrievable breakdown is conclusively evidenced by the parties having separated and lived separately and apart for a continuous period of not less than 12 months immediately before the filing of the application.
Key points for intake assessment:
Draft a highly detailed application emphasizing child welfare, secure the client's sworn signature, and successfully lodge the documents with the FCFCOA.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Execute formal personal service upon the Respondent within the strict statutory timeframes, seek substituted service if necessary, and file the requisite proof with the court.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Client interrogation checklist at intake:
FLA s 55A - Court Must Be Satisfied Proper Arrangements Exist for Children
FLA s 55A is the central provision for divorce applications with children. Before granting the divorce, the court must be satisfied that proper arrangements have been made for the care, welfare, and development of each child of the marriage under 18.
Key practice points:
Registrar interview process (QLD): At Queensland registries, the Judicial Registrar will typically ask the applicant's lawyer to confirm (in open court or by video) that: (a) the arrangements in Part F remain current and accurate; (b) there are no child protection orders affecting the children; and (c) the parties are aware of the availability of family counselling and dispute resolution services.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Parenting Orders are Separate from the Divorce - Divorce Does Not Determine Parenting Arrangements
A common client misconception is that getting divorced also determines who the children live with. The divorce order dissolves the marriage - it has no effect on parenting arrangements.
Key points to communicate to clients:
FLA s 60CC - Best Interests Factors FLA s 60CC sets out the factors the court must consider when determining the best interests of a child in parenting proceedings:
Note: s 60CC was amended in 2023 - the 2023 reforms restructured the primary and additional considerations. Practitioners must ensure they are advising on the current version of s 60CC as amended by the Family Law Amendment Act 2023 (Cth).
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Substituted Service and Dispensation of Service
If the respondent cannot be personally served, there are two alternative pathways under the FCFCOA Rules 2021:
1. Substituted Service Order: the court authorises an alternative method of service (e.g., service by email, Facebook message, post to a known address, or via a known relative). The applicant must prove they have made reasonable efforts to effect personal service before the court will grant substituted service.
2. Dispensation of Service: in exceptional cases (e.g., respondent is in a location with no reliable communication), the court may dispense with service entirely.
Affidavit requirements for a substituted service application:
Costs Note: In an uncontested divorce where the respondent does not appear and the application proceeds on the papers, each party generally bears their own costs. The court only awards costs where a party has acted unreasonably (e.g., a respondent who files a response contesting the divorce on frivolous grounds).
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Costs in Uncontested Divorce Proceedings
In uncontested divorce applications (including sole applications where the respondent does not appear), the general principle is that each party bears their own costs. This is consistent with the no-fault nature of Australian divorce law.
Exceptions where costs may be awarded:
Contested hearing costs:
Client advice: