With a passion for assisting clients to resolve their problems, Family Law Divorce Lawyer, Kate Walker, has been practising in Family Law since 2009 – Divorce, Property Settlement, Children’s orders.
Do I have to attend Court for my Divorce?
It depends on whether you have children under 18. If you apply to the court for a divorce after the required separation period you will have to attend to show the court that appropriate arrangements have been made for the children. If your spouse makes the application they will have to attend Court as only the applicant needs to attend unless the divorce is contested.
When can I Divorced?
You can file for Divorce 12 months after separation. You can be separated and living under one roof but it is important that you communicate to your spouse that you consider yourself separated.
If you want to file for divorce after living under one roof you will have to provide evidence that you have lived separate lives. However, once you get a divorce you only have 1 year after the divorce to apply to the Court to divide property. It is sometimes more appropriate to negotiate children’s Orders and property settlement matters prior to a divorce.
You must be divorced before you can remarry. See our section on making a Will after divorce.
How much does it cost?
Divorces are charged according to a set Scale of Costs. The amount of the fee is dependent upon whether there are children under the age of 18 years and/or if attendance at Court by a solicitor is required. There will also be some additional fees to cover the costs of personally serving the Divorce Application on the other party as well as the usual administration expenses.
We are happy to provide you with an estimate of Costs & Disbursements which would apply in your particular circumstances.
Are there Court costs?
The filing fee payable to the Family Court is currently $845.00. If you hold a concession card you may be eligible for a reduction in this fee.
Further fees can be found at www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/fees-and-costs/fees