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.
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 12 months after the divorce becomes final to apply to the Court to divide property. It is sometimes more appropriate to negotiate a property settlement prior to filing an Application for Divorce.
You must be divorced before you can remarry. See our section on making a Will after divorce.
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.
Are there Court costs?
The filing fee payable to the Federal Circuit Court is currently $900.00 inclusive of GST. If you hold a concession card you may be eligible for a reduction in this fee. If eligible for a reduced fee, the cost is $300.00 inclusive of GST.
Further fees can be found at www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/fees-and-costs/fees
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 Application for Divorce 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.