Divorce Application Service

Generally it is not necessary to have a lawyer acting to apply for a divorce. If the divorce is not opposed and there are no disputes about the children, it is a simple procedure to apply for a divorce.

Hassle-Free Fixed-Price Divorce Application

We offer a fixed-fee divorce that will provide you with the security of knowing exactly what your divorce will cost. It's simple: answer a few questions and our lawyers will provide you with a tailored quote and run down of the procedures.

Our lawyers' expertise and experience means you will not be compromising on service or standards. The fixed fee provides you with the security of knowing exactly what your divorce will cost.

Whichever law firm is assigned to your case, you can be assured that you will receive all the professional and emotional support that you need at this particular time.

Our Divorce Lawyers can assist in the following ways:

• Prepare your draft divorce application;
• Send the draft divorce application to you for your approval;
• File your divorce application with the court;
• Serve a copy of the application on your spouse;
• Help you apply for the reduced court fee If you're eligible
• File an affidavit of service with the court confirming that your spouse has been served with the application;
• Inform you of the proposed hearing date of your divorce application and provide you with copies of the relevant documents.
• Attend your court hearing.
   

   

Divorce - The Current Law

Divorce is the official ending of marriage. When the divorce order is made final you can remarry.

The only requirement for a divorce is the 'irretrievable breakdown' of the marriage. This is proved by the husband and wife having been separated for 12 months with no likelihood of getting back together. The court does not consider whose fault it was that the marriage broke down.

To apply for a divorce you or your husband/wife must have been separated for 12 months and fit one of the following:

• be an Australian citizen
• live in Australia and regard Australia as your permanent home
• ordinarily live in Australia and have done so for at least 12 months before the divorce application. 

Children and Property

A divorce does not sort out issues relating to children or property. These arrangements must be made separately. However, when hearing your application, the court must be satisfied that proper arrangements have been made for the care and welfare of your children. The court will want to know where children are living and how they are financially supported, as well as information about their health and education and how much time they spend with each parent.

The court can reject a divorce application if it is not satisfied that proper arrangements have been made for the children.

Property Settlement

Property settlement is the most complicated part of the divorce process. You can apply for property settlement orders any time after your separation but it must be done within 12 months since the dateof your formal divorce

Will

Divorce does not automatically cancel a will. If you want to change your will when you divorce, you will have to make a new will.