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Divorce 101

Divorce Information Family Lawyer MelbourneHow do I get a divorce?

You can get a divorce by filing a Divorce Application at the Federal Circuit Court.

When can I get a divorce?

You must be separated for at least one year and one day before you file a Divorce Application.

What does it cost?

The Court filing fee for a Divorce Application is currently $865. You can apply for a reduced fee of $290 if you hold a current Health Care Card, Pensioner Concession Card or Commonwealth Seniors Card. These filing fees typically increase on 1 July every year.

We charge a fixed fee for applying for a Divorce, please contact our office for further information.

What are the main steps to getting a divorce?

Your Divorce Application can either be a sole application or joint application.

Sole Application

A sole application is if you file the Divorce by yourself. You will need to take the following steps:

  1. Complete the Application for Divorce form
  2. Sign the form in front of someone who can witness Affidavits (such as a Lawyer or a Justice of Peace);
  3. File the Divorce Application at Court;
  4. Serve by hand, the Divorce Application and the required documents on your ex-partner;
  5. Attend the Divorce hearing at Court.

If all the steps are completed correctly, then the Court will make an Order for the Divorce to be effective after one month and one day, you will then be permitted to remarry after this time if you choose.

Joint Application

A joint application is if you file the Divorce together with your ex-partner. The process is similar to a sole application, however you will both need to sign the Application form in front of someone who can witness Affidavits. You also won’t need to serve the Divorce Application on your ex-partner.

The Divorce Application can be the simplest part of the separation process. It can however become complicated, if:

  • You have children under 18 years old and there is not arrangements in place for them;
  • You are unable to locate or serve your ex-partner;
  • You and your ex-partner have been living together after you separated;
  • You have been married for less than 2 years, as you will be required to have counselling;
  • Your ex-partner contests the Divorce Application, stating that you have not been separated for the time you claim.

If you need assistance applying for a Divorce, and would like to have the peace of mind knowing that the entire process is done correctly, please contact Lewis Holdway Lawyers on 9629 9629.