In 1975, the concept of ‘no-fault divorce’ was introduced in Australia with the commencement of the Family Law Act, and this law remains today.
One party can end a marriage, without a reason, and without proving that the other party is at fault. The requirements to apply for a divorce are that the marriage has “irretrievably broken down” and that you have been separated from your spouse for at least one year. The required separation time may include periods of being “separated under one roof”.
When considering whether to grant a divorce, the Court must be satisfied that proper arrangements are in place for any children under 18.
Parties can apply for a divorce jointly, or one party can file a sole application for divorce. If you file a sole application for divorce, the other party must be personally served with your divorce documents – but you cannot do this yourself.
We offer a fixed fee for the preparation of divorce applications. In addition, there is a Court filing fee which changes each 1 July - Family law fees | Federal Circuit and Family Court of Australia.
Our experienced team at FJS Lawyers understands that going through separation and divorce can be difficult and overwhelming.
It is important to obtain legal advice before applying for divorce, as the time limit of one year to finalise property settlement will commence when the divorce becomes final.
We will guide you through the divorce process and provide you with advice about the other issues impacted by ending your marriage, including property settlement.
FAQS
We can assist you with applying for a Divorce and provide affordable fixed-fee services.
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 also 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. There is no single definitive indicator of separation.
In the Federal Circuit Court, the filing fee for a divorce application is currently $940. If you have a concession, the fee is $310. If you do not have a concession but you are experiencing financial hardship, you may still apply for a reduction of the fee.
These fees are paid directly to the court and do not include any fee for preparation of documents. Contact us for a fixed-fee quotation to prepare your divorce documents.
You will need to include a copy of your marriage certificate with your divorce application. If you do not have a copy, you will need to obtain one from the relevant authority of the state or territory in which you were married.
You can usually expect your divorce hearing to be allocated about 8 weeks from the time you file your application. If the divorce is granted on that day, it becomes final one month and one day later. You will receive a Divorce Certificate by post.
You cannot remarry until your divorce is final.
There can be delays in the divorce process and you should wait until you receive a Divorce Certificate before making plans to remarry.
