DIVORCE

 

We don't think of your divorce as the end.  It's a new beginning!

 

My Legal Crunch Lawyers have experienced divorce lawyers who can help you complete your divorce and separation with as little stress and hassle as possible.

 

What is the cost of a divorce?

Our clients often ask us about the cost of a divorce.

 

The standard cost of a divorce is:

  • Our fixed fee of $880*

  • A court filing fee of $910 (or $305 for eligible concession cardholders)

  • A service fee of $165 to serve the divorce on the other party*

 

The cost of a divorce, handled by one of our skilled divorce lawyers is $1,955* or if you are eligible for the divorce filing fee concessional rate, the cost of your divorce is $1,350*.

 

Click here to see if you meet the court divorce filing fee concessional rate.

 

Am I eligible for divorce?

To be eligible for divorce in Australia:

  1. You must have been born in Australia or become an Australian citizen or you must have been present in Australia for the last 12 months and intend on continuing to live in Australia.

  2. Your marriage must have broken down irretrievably; 

  3. You and your spouse must have lived apart for at least 12 months and 1 day (you can live separated, and under the same roof, however, further information is required);

  4. If you were married for less than 2 years, you might have to obtain a counselling certificate.

 

If you meet the above requirements, then you are likely to be eligible for a divorce in Australia.

 

Do you have children together?

If you and your spouse have children together, then the court may require further information before granting a Divorce Order, so the court understands the arrangements in place for the care, welfare, and development of the children.

 

What's involved in a divorce?

A divorce can be completed as either a sole divorce application where your spouse has not agreed to the divorce or a joint divorce application where your spouse has decided to complete a joint divorce with you.

 

Once the divorce application is completed, it is filed with the Federal Circuit Court of Australia or Family Court of Australia.

 

If you are doing a sole divorce application, you will have to serve the divorce application by hand on your spouse.  Special rules require that you not serve the divorce application on your spouse yourself.

 

Some additional documents are required in your divorce application.  Our divorce lawyers can tell you what documents you need based on your circumstances.

 

Sometimes, if there are unusual circumstances around your divorce, you may need:

  • To apply for substituted service where you don't know your spouse's home address, but you can contact them or someone they know;

  • To apply to dispense with service where you don't know where your spouse is;

  • Swear a statement to the court, through a document called an affidavit explaining your particular circumstances such as:

    • if you are separated and living under the same roof; or

    • have changed your name from your married name.

 

How long does a divorce take?

Usually, once your divorce application is filed with the court, a divorce hearing will occur which will often be 6 to 12 weeks after filing your divorce.

 

Our processing time to prepare your divorce in most cases is 1 to 3 weeks.  If your divorce is not standard, then processing times may take longer.

 

How are assets divided in a divorce?

The assets in a divorce are divided by considering a range of factors including, the length of the relationship, both the financial and non-financial contributions made by each party and any future needs that each party has.

 

If after considering the above factors, it is just and equitable for a division of the property, then a property division can occur, otherwise, the law may seek an adjustment in a party's favour if they have made superior contributions or have higher future needs.

 

For more information about dividing assets in a divorce, click here.

 

* Our fixed fee for our divorce is for standard divorces.  Where your divorce is not standard because an affidavit must be filed, substituted service is required, a dispensation of service is required or due to complexity, our fee will be higher. 

 

The divorce service fee of $165 is only applicable where you are filing a sole divorce application and this fee may be higher if your spouse lives in a remote part of Australia.

Download our free divorce checklist to help you prepare for your divorce application and check your eligibility.

Free Divorce Checklist

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My Legal Crunch operates in QueenslandNew South WalesVictoria and Western Australia.

 

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Disclaimer - This information has been provided for general information and education purposes only. This information is not intended and should not be taken as legal advice. This information is general in nature only and may not be applicable in all situations and may not, after the date of its presentation, even reflect the most current authority. This information should not be relied upon nor acted upon without the benefit of professional legal advice based upon your particular facts and circumstances.

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