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FJS Lawyers Adelaide

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Have you reached an agreement with your former spouse about the arrangements for the children and want to formalise it? 

We prepare family law CONSENT ORDERS for a fixed, affordable fee – written quotation provided after your FREE no-obligation first interview (30 min) to discuss your requirements.  

 

How do I apply for a Divorce?

We can assist you with applying for a Divorce. 

You should seek legal advice before applying for a divorce.  There are advantages, disadvantages and time limits you first need to consider.

The requirement to apply for a divorce in Australia is that the marriage has irretrievably broken down, evidenced by at least 1 year separation from your spouse.  The court needs to be satisfied that proper arrangements are in place for the children.

You can apply for a divorce if you have been separated under the same roof, but you will need to provide the court with additional evidence.  If you have been separated under the same roof or your spouse disagrees with the separation date you have given, you may need to provide further evidence from third parties (such as friends and family) when applying for a divorce. 

Relevant information includes:

  • when you told people you were separated;
  • when you stopped attending events together;
  • when you separated your finances;
  • when you stopped having sexual relations with your spouse;
  • when you began to live in separate bedrooms in the house.

There is no single definitive indicator of separation.

The filing fee for a divorce application is currently $865.  If you have a concession, the fee is $290.  If you do not have a concession but you are experiencing financial hardship, you may apply for a reduction of the fee from $865 to $290.

You will need a copy of your marriage certificate.  If you do not have a copy, you need to obtain one.  If you were married in South Australia, you can order with this form: http://www.cbs.sa.gov.au/assets/BDM/4-in-1-certificate-application-BDM.pdf  (The current fee is $48.75).

You can usually expect your divorce hearing to be about 8 weeks from the time you file your application.  If the divorce is granted on that day, it is still not final until one month and one day later.  You will then receive a Divorce Certificate by post.  You cannot remarry until your divorce is final.

You can apply for a divorce yourself, without a lawyer: http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/how-do-i/divorce/apply-for-a-divorce/apply-for-divorce

 

We offer a fixed, affordable fee for the preparation of divorce applications.   

To apply for a divorce in Australia, you need to satisfy the following :

  • You have been separated from your spouse for a minimum period of 12 months;
  • the marriage has irretrievably broken down; and
  • proper arrangements are in place for any children of the marriage. 

It is best to seek legal advice prior to initiating an application for divorce, as this will invoke the time limit within which you need to finalise your property settlement. 

 

Court Filing Fees

The current fee for filing a divorce application in the Federal Circuit Court is $865 or a reduced fee of $290 for concession card holders.  

You may still be eligible for a reduced fee if you meet certain financial hardship guidelines, even if you do not have a concession card, or if extraordinary circumstances exist which would cause financial hardship if a full fee was paid.

We offer a mobile service.  We offer a free, no-obligation initial telephone appointment to discuss your requirements and provide general advice and information about our services.

We offer appointments during business hours and also after hours and weekends to suit your requirements.