Divorce

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.