Divorce: What you need to know
As a boutique Melbourne family law firm, we are often asked what is involved in the process of getting divorced, how much does it cost, and who can apply. We have compiled this list of frequently asked questions to help you understand the divorce process, and what is involved.
How long do I need to be separated before getting divorced in Australia?
To be eligible to apply for a divorce in Australia, you will need to have been separated from your spouse for a continuous period of 12 months. There may be circumstances where there is a short period of reconciliation, but this period of reconciliation cannot be for more than 3 months.
How do I get divorced?
Applications for divorce are heard in the Federal Circuit and Family Court of Australia.
An application is made either by either you or your spouse, or both in a joint application, online through the Commonwealth Courts Portal. Once the application is filed with the Court, it will be listed for a hearing in several weeks’ time.
The application will then need to be served on your spouse, unless it is a joint application.
At the hearing of the divorce application, the Court will grant the divorce, and after a period of 30 days, a divorce order will be made, and the divorce will be finalised.
Do I need to go to court?
If there are no children to the marriage under the age of 18 years, then you do not need to attend court. The application will be dealt with by a registrar in chambers.
However, if there are children to the marriage under the age of 18 years, then the spouse applying for the divorce will need to appear in court.
Who pays for the divorce costs?
The spouse who is applying for the divorce will need to pay the filing fee associated with the application, any legal fees they may incur in instructing lawyers to prepare the application and appear at the hearing, and the cost of service of the application upon the other party.
If the application is a joint application, then both parties would contribute jointly to the cost of the filing fee, and then pay their own legal costs, if they have incurred any.
Can I separate without a divorce?
Separating from your spouse, and obtaining a property settlement (if necessary), is not dependent on you getting a divorce. If you have separated from your spouse, the only thing that will require you to be divorced is if you wish to remarry.
What if I have more questions?
If you have separated and have questions not only about applying for a divorce, but your entitlements to a property settlement, or your rights regarding parenting matters, then please either contact Bill Grice or Nicholas Plummer here at Grice Legal.
You can also find out more information HERE and complete our online client intake form below.
