If I have a general query about divorce but do not wish to start the formal divorce application process what do I do?
You will see on our home page that if you are looking to use our services then you may send an email enquiry and we will promptly respond to answer your query.
Unfortunately the Court charges a filing fee of $940.00 unless you are eligible for an exemption and hold an appropriate concession card. The concession may also apply if you are in receipt of Austudy or Abstudy. The reduced fee will then be $310.00. We will obtain a copy of the concession card from you to enable you to obtain the reduced fee.
In certain circumstances where your spouse will not sign by receipt of correspondence, an Acknowledgment of Service of the Application for Divorce, then it will be necessary for us to arrange personal service on your spouse. A third party process server is engaged by us to arrange this service and they will arrange personal service and the execution of an Affidavit of Service. The fee is to cover both the process server costs and our arranging the service with them.
Do not worry, we can order one from the Court Registry where you were married. We will obtain the necessary details from you to order the Certificate. Unfortunately there is a cost charged by the Registry to obtain same. This varies from State to State and is around $65.00.
Provided you or your spouse is an Australian citizen or has permanent residency of Australia OR consider Australia to be your home and have lived here for 12 months prior to filing your Application for Divorce then you will be eligible to proceed with your Application.
From the time that you sign your Application and we file it with the Court you will usually obtain a hearing of that Application in 12-16 weeks. This allows time for service of the Application on your spouse and to prepare the necessary further Affidavits relating to service or children if applicable. After the hearing, in one month and one day, your final Divorce Order (the Decree Absolute) is made and we will then access the Certificate which we will then send to you.
We have designed the process so that you do not have to attend the Court hearing. Only in exceptional cases where the divorce is contested, for example if your spouse believes that you have not been separated for 12 months, would there be a possibility of requiring you to attend Court. In our experience however, this is extremely rare.
We do all matters to finalise your divorce application from preparing your Application and lodging it with the Court, arranging service of your Application and completing the necessary follow on documents and then attending the divorce hearing on your behalf. This will avoid the time and stress of attending Court with numerous strangers on the divorce hearing date.
No there are not. We have designed the process to take into account all contingencies and will provide you with a fixed fee no matter your circumstances (such as arranging personal service if needed or where you have difficulty in locating your spouse and need to file Affidavit material about that).
This is an issue that will mean that through sworn Affidavit evidence you will need to demonstrate that your relationship has come to an end. Examples including notifying Centrelink or other Government agencies, evidence of other occupants of the household that you are living separately and apart and details such as sharing of expenses, preparation of meals etc.
The divorce process allows for brief periods of reconciliation provided they are together for less than a period of three months. The 12 month period of separation does not include the reconciliation periods so that if you get back together for a month but then separate again you will need to have been separated for a total period of 13 months including the 1 month that you got back together. Our questionnaire will assist in this regard to confirm that you are eligible to lodge your Application to avoid dispute on this issue.
There are provisions under the Family Law Act to enable you to make an Application either for substituted service of your Application on another person who may bring it to your spouse’s attention or where there is no possibility of that occurring, to actually dispense with service. Again we will obtain information from you as to whether we can serve the Application on a person such as a relative or close friend of your spouse or even adult child who would bring the Application to the attention of your spouse. Alternatively, we can prepare an Affidavit which indicates that you have taken all reasonable steps to identify where your spouse is located but to no avail. It is usual in those circumstances that the Court will allow the Application to proceed in any event.
Children effect the Divorce Application where they are still under 18 years of age on the date of Application. In those circumstances you will need to provide us with details of their living arrangements and other matters such as their education. Our questionnaire will obtain the necessary details of their living arrangements and other matters such as their education. Our questionnaire will obtain the necessary details from you to satisfy the Court that the living arrangements for the children are established and importantly, the children are not at risk. This is critical to enable the divorce application to proceed.
What happens if we have not resolved the division of property between us prior to making the divorce application?
This is an important issue. From the making of the final divorce order you must within 12 months, have reached a property settlement agreement either informally or by filing of Consent Orders or alternatively, at least commenced an Application for property settlement with the Court. If you have not done any of these things then you need the leave (permission) of the Court to have a property settlement between you. This is not always granted. You should take formal advice from a legal provider in this regard if these circumstances apply to you.
Yes. Firstly we will both call and email you within twenty-four (24) hours of the divorce hearing to confirm that your application has been successful. A Certificate of Divorce will be issued by the Court about 2 weeks after one month and one day after the original Court hearing. We will email or post this to you depending on your request.
In limited circumstances the Court can be requested to have an early divorce hearing. The usual circumstances are a remarriage where a party has not previously organised their divorce. The consent of your current spouse to the abridged (shortened) hearing is usually required to enable the hearing to proceed on a shortened time frame. Again we are able to assist in this regard.
Yes it does (unless a Joint Application). This can be done either by personally serving the Application on your spouse or alternatively your spouse may be prepared to sign an Acknowledgment of Service of the Application if it is sent to them by post or otherwise handed to them.
The answer is NO. This is because you are not able to swear an Affidavit of Service as you are a related party to the Application. In these circumstances you would be better having a further family member or third party hand or post the Application to your spouse if they are co-operative with the process to have the Acknowledgment of Service signed.
In these circumstances you will need to engage a third party process server to physically hand your spouse the documents – if this is the case we have allowed a fee for this to occur which is usually around $250.00.
Yes, you must be divorced prior to remarriage.
There are additional requirements if you are applying for a divorce and have been married for less than two years. This would mean that you separated in the first year of your marriage as you must be separated for twelve months prior to making the Application. If this is the case we can obtain more information from you to see whether you can proceed. In these circumstances it may be the case that you are required to have attended or considered counselling where the separation is so soon.
The answer is no. The court allows you to keep your address confidential when filing for a divorce. This allows for your personal safety and wellbeing to be protected.