making an application for a divorce involves a few simple steps
Assuming you are eligible, it is not difficult to apply for a divorce in Australia. Here is a quick guide to help you understand the process.
- An Application for Divorce is a standalone Application irrespective of whether there are issues in relation to property or children;
- The only ground to make an Application for Divorce is irretrievable breakdown of the marriage and the only evidence which you can submit to the Court is that you have lived separately and apart for a period of not less than 12 months and one day prior to the filing of the Application for Divorce. This can include any period where you have lived separately and apart but under the same roof;
- An Application for Divorce can be filed by either party or a joint Application can be made;
- The Application for Divorce form can be downloaded from the Federal Circuit Court of Australia website and can be completed and lodged online together with a copy of your Marriage Certificate;
- If there are children under the age of 18 years then the proposed arrangements for the children will need to be set out in accordance with the Application for Divorce.
- If you choose to file the Application for Divorce by yourself there are obviously no legal fees payable but the filing fee is $ 910.00 (without a Health Care Card / Pensioner Concession Card) or $ 305.00 (with a Health Care Card / Pensioner Concession Card). If you are having financial difficulties, you can make an Application for reduction / waiver of the filing fees.
If you choose to instruct a Solicitor to prepare the Application for Divorce then, the cost would be approximately $ 900.00 plus GST. The only other additional costs may well be service fees as an Application for Divorce cannot be served by a party and must be served by an independent person, preferably a process server. The normal cost for service is $ 132.00 including GST.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.