Divorce

What is the process involved and how long does it take?

Australia has a no-fault divorce. This means that there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably and there is no reasonable likelihood that you will get back together. Both parties do not need to agree for the divorce to be made, however, there is a requirement to be separated for 12 months before being able to make an application to the Court.

If there are children under 18 and you are filing a sole application for divorce, you will need to attend at a Court hearing so that the Court is satisfied that appropriate arrangements are in place for the children. If it is a joint application, no attendance is required. An application for divorce is lodged with the Federal Circuit and Family Court of Australia. The Court will then allocate a divorce hearing date. Under normal circumstances, this date will usually be within two (2) months of filing your application.

If the Court is satisfied that you have been separated for twelve (12) months, the relationship has broken down irretrievably and there is no reasonable likelihood that you will get back together, a divorce order will be made and comes into effect one (1) month and one (1) day from the date of the hearing.

Cost of Divorce

There is no straightforward answer to this question. Generally, if it is joint application for divorce and there are no issues with having the document executed by each party and you have been separated and living apart for twelves (12) months, our fees are fixed at $800 (exc GST and court filing fee).

If you were married less than 2 years, lived under the same roof for part or all of the twelve (12) month period or if you are applying for a sole application, the costs may increase as more documents are required to be filed with the Court and/or additional service requirements come into play. If you apply for divorce without a lawyer, there are still fees that must be paid for a divorce to be official. The current Application for Divorce fee that must be paid through the courts is currently $940. There is also a reduced fee of $310 if you are found to be eligible.

Do I really need a lawyer?

At Hamilton Thomas Lawyers, Bentleigh East we are experienced in this process and are there to assist you in one of the most emotionally stressful and pivotal moments of your life. We will assist in providing a greater understanding of the divorce process.