Frequently Asked Questions about Divorce in Family Law cases.
- What is a Divorce Application?
- When can I apply for a Divorce?
- What happens if we have separated but continue to live under the same roof?
- What happens if we have children?
- If I get a Divorce, does it impact my property settlement?
- How do I apply for a Divorce?
- Do I have to attend at Court if I apply for a Divorce?
- Will my Divorce be effective on the date of the Hearing?
- Can I apply for a Divorce myself or should I get a Solicitor to do it for me?
When a marriage has permanently broken down and there is no reasonable likelihood that you will resume married life with your spouse, a Divorce officially ends the marriage.
Please note that a Divorce only finalises the end of a marriage and does not deal with issues relating to your children or property settlement. Applying for a Divorce is a completely separate process.
You can apply for a divorce if:
- You and your spouse have lived separately and apart for at least 12 months prior to applying for the Divorce; and
- Your marriage has permanently broken down and there is no reasonable likelihood that you will resume married life with your spouse.
It is possible for you and your spouse to be separated but continue to live in the same house. If this applies to you, you will need to satisfy the Court that although you and your spouse continued to live in the same house, you were separated during that time.
If you have children under the age of eighteen, the Court will only grant a Divorce if you have satisfied the Court that proper arrangements have been made for those children.
Your Divorce is essentially an Order of the Court that says you and your partner are no longer married. It 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 that once your Divorce Order issues, you will have twelve (12) months to finalise your Property Matters.
To apply for a Divorce, an Application needs to be lodged with the Federal Magistrates Court of Australia. A Court filing fee is also payable to the Court at the time of lodging the Application.
Once your Application has been filed with the Court, the Court will allocate a Hearing date. This Hearing date is normally 8-12 weeks from when your Divorce Application was filed.
Depending on the type of Application made and whether you have children under the age of eighteen, you or your legal representative may be required to attend the Hearing.
At the Hearing, the Court will determine whether or not you have satisfied their requirements for a Divorce. If your Divorce is granted, a Divorce Order will issue one month and one day after the Divorce is granted. Your Divorce will not be effective until this time and this one month period cannot be avoided.
The Federal Magistrate Court website provides a very helpful kit for those parties who wish to apply for a Divorce without the aid of a Solicitor.
If you prefer to engage an experienced Divorce Lawyer or your matter is complex, we can assist you.
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.
Please note that our fixed fee does not include the Court filing fee payable when filing the Application or any service costs for serving the Application on your spouse.
Our experienced solicitor can assist you with your Divorce. Contact us at [email protected] for our estimate of fees and we will forward to you our online application form for your completion if you wish to proceed.