Obtaining a Divorce in Australia is usually quite simple. To obtain a divorce a party has to prove that the marriage has irretrievably broken down. Irretrievable breakdown of the marriage is proven by demonstrating 12 months separation and accordingly, there is a requisite 12-month period following separation before a party to a marriage can apply for divorce.

Divorce Applications can be made jointly with the consent of both parties to the marriage, or by either party alone. Divorce applications can now be prepared and filed online and some people may choose to do this themselves, without the assistance of a lawyer. However, there may be complicating factors which require legal advice and circumstances may arise such that a Court appearance is required before the divorce is finalised. These circumstances can include the following:

the parties have separated but remain living under the same roof
the parties to the marriage may have reconciled temporarily but then separated again
there are issues locating the other party and serving them with the Divorce Application so that they have notice of the hearing
In cases where the parties have children under 18 a Court appearance will be required unless the Divorce Application is a joint one.

Although Divorce is a discreet and separate step in the Family Law process, implications may flow from divorce for parenting and for property and financial matters. Fair Family Law can advise you in relation to these matters.

Fixed Fee Divorce

The cost of a Divorce Application will largely depend on the Court filing fee. The Court filing fee for a Divorce Application is ordinarily $940.00. The Court offers a reduced fee for eligible concession card holders.

Fair Family Law offer a fixed fee of $770 (including GST) for our professional costs in preparing, filing, serving and appearing in your divorce matter.

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