Obtaining a Divorce officially ends a marriage. You can apply for a Divorce twelve (12) months from the date you and your spouse separate. Your separation date is essentially the date when your marriage permanently broke down and either party separately, or jointly with the other spouse, determined that there was no reasonable likelihood that you would resume married life with your spouse.
A Divorce only finalises the end of a marriage and does not deal with issues relating to your children or property settlement. It is essentially an Order of the Court that says you and your partner are no longer married and enables you to marry again. The Divorce Application can be made jointly with your former spouse or solely by you.
A Divorce does not impact how much you receive from your property settlement. It does however, trigger an important time limitation which you must be aware of, and that is once your Divorce Order issues, you will have twelve (12) months to finalise your property matters.
We believe that you should engage an experienced Family Law Solicitor to complete the Divorce process however, the Federal Magistrate Court website provides a helpful kit for those who do not wish to engage a Solicitor.
Legal Fees for Divorce Applications
At OMB Solicitors, we charge a fixed fee for a Divorce. Our fixed fee includes preparing and filing the Divorce, arranging for service of your Application on your spouse, attending the Divorce Hearing and any other interim steps required to be undertaken to finalise your Divorce. Our fixed fee does not include the Court filing fee payable when filing the Application or the fees incurred by engaging a Process Server to serve your Application on your spouse.
For link to important information about Family Law, including fees and forms, visit our Family Law Links page.
More Information About Divorce & Separation:
For more information regarding Divorce Applications, see our Frequently Asked Questions. Alternatively, make an appointment with our Family Lawyer to obtain comprehensive advice regarding your Divorce Application.
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Family Law News
See attached news articles by OMB for more information and recent developments in this area of law: