What does the fixed fee include?
The fixed fee includes a completed application for divorce, service documents (where required) as well as a checklist that provides you with instructions for lodgement and service of the documents. Please note we do not handle contested Applications or applications where you do not know the whereabouts of your spouse.
Are there any other charges?
We do not charge any hidden fees, once you obtain a completed application and respective documents from us you will need to lodge those documents at the court. The Court collects a filing fee of $910. This is payable to the Court. You may be eligible for a reduction of exemption of the filing fee if you hold certain means tested concession cards. Note that if you are joint applicants you will both require concession cards to obtain the reduced court fee. The reduced fee is $305.
What if I was born overseas?
As long as you or your spouse is a citizen or resident of Australia or considers Australia to be your home and have lived here for 12 months prior to filing for divorce you are eligible to proceed with an application. You will need to provide a certified copy of your Australian citizenship documents.
How long does the entire divorce process take?
We provide you with your completed documents within 48 hours. Once you lodge the application at the Court you will receive a hearing date. This can be between four to eight weeks after lodgement. Your divorce is finalised one month after the hearing date.
What if I cannot locate my spouse?
If you are unable to locate your spouse you can apply to the court for an order of substituted service or dispensation of service. Substituted service is granted where you are able to serve the documents of someone else for example, a relative or close friend of your spouse, who will then bring the documents to their attention. Dispensation of service is where you dispense with the need to service the documents as the Court is satisfied that all reasonable steps have been taken to locate your spouse but with no success. We do not obtain these orders for you.
What if we are separated but still living together?
If you and your spouse have separated and have continued to live together you will need to demonstrate to the Court how your relationship has changed after separation. This is still considered to form part of your 12-month separation period provided you do not get back together for 3 months or more. In this case your separation period will recommence. You can still proceed with our questionnaire; we will provide you with information about additional documents you may require.
What about our children and property?
The divorce process is separate to the determination of arrangements for minor children and property settlement. An application for Divorce does not determine these issues for you. However, where there are minor children of the marriage the court must be satisfied that proper arrangements are in place for them before granting a divorce. If not the Court has grounds to reject an application until these arrangements are in place.
Property settlement orders can be sought from the time of separation but must be within 12 months of your divorce being finalised.
Do I have to attend court?
Court attendance is not compulsory in all cases. You will need to attend Court if you are making a sole application with minor children (children under the age of 18 years). Court attendance is otherwise not required unless is special circumstances.
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