Application for Divorce

To bring legal finality to a marriage after separation, parties are required to make an Application for Divorce. Below is a very brief description of the steps taken in the divorce process.

What is the separation period before filing for a Divorce?

The parties must be separated for a period of at least 12 months before filing an Application for Divorce. There are circumstances where parties separate but remain living under the same roof. Australian family law recognises that this can still mean that the parties have separated for the purposes of making an Application for Divorce. Our Divorce Lawyers can assist you in determining what proof is required to satisfy the Family Law Court that you have in fact separated. 

Who can apply for a Divorce?

Any one of the parties can file an Application for Divorce. An Application can be filed by one party (a sole Application) or jointly (a joint Application) by both parties. If the Application is filed by only one party, the other party has an opportunity to file a response to the Application and oppose the Divorce being granted. There are very limited circumstances where opposition to a Divorce can prove successful.

How long does the Divorce Process take?

This is an important question and a consideration that must be taken into account where a party wishes to remarry in the future. The divorce process will take a minimum of 3 months and one should generally allow about 4 months from the time of filing the divorce to finally being provided their Divorce Certificate. Of course, if the proper divorce process is not followed or there are some complications, the process will take even longer.

The Divorce Application

It is important that the Divorce Application is filled out correctly and that all necessary legal requirements are met when filing for Divorce. Some further information about these requirements is contained in our article: How to Get a Divorce and additional articles in our Divorce section. Failure to satisfy the Court of all legal requirements will mean delays in the Divorce being granted and sometimes, the Application itself being dismissed.

If filing jointly, then both parties must fill in their respective parts of the Application and sign an affidavit to affirm or swear that all the information is true. A Divorce kit can be obtained from the Family Law Court and prospective applicants can fill in the application themselves. This can be ideal for simple, joint applications, but under most circumstances, it is prudent to seek the assistance of a Divorce Lawyer.

Serving a sole Application for Divorce

If a party is filing a sole Application, then the party needs to ensure that the Divorce Papers is served on the other party. There must also be proof of service of the Application. If the other party has not filed a Response to an Application and there is no evidence that it was served properly, then this will cause delays. Our Divorce Lawyers ensure that all Applications are properly served in accordance with the family law rules and that proof of such is obtained.

The Divorce Hearing

After filing all the paperwork, a hearing date is set. Of course, the idea is to have complied with all the rules and procedure of the divorce process to ensure that you have maximised your chances of the Application being successful and granted at the first Family Court appearance. Some more complex matters or even in circumstances where there are children involved could cause significant delays in a Divorce being granted. There are also some circumstances where it is important to attend the hearing.

All to often we appear in the divorce hearing list to see matters time and time again being adjourned for lengthy periods of time or Applications being dismissed due to applicants (and even some Divorce Lawyers!) not following proper Divorce process or not satisfying the Court of all the legal requirements.

The Divorce Order

If all the legal requirements have been satisfied and the proper Divorce process has been followed, then your Application for Divorce will be successful and the Court will grant the Divorce. The Divorce Order then becomes final after one month, when a Divorce Certificate is sent to you and your ex-spouse.

Divorce Fees

At the time of writing, the filing fee for an Application for Divorce is $865. The filing fee generally increases every couple of years.

If you decide to engage the expert services of our Divorce Lawyers, you will be provided with a fixed quote for the entire divorce process. Our fees depend on whether the Divorce is a sole or joint Application and are also dependent on the complexity of the matter, but are guaranteed upfront. 

If you need assistance in making an Application for Divorce, contact us to speak to one of our Fixed Fee Divorce Lawyers Sydney, Parramatta, Chatswood, Sutherland or Wollongong for assistance.