A divorce is the legal process of ending a marriage. You can apply for a divorce individually or make a joint application through the Family Court. Divorce Online applications are encouraged and a copy of the marriage certificate and relevant filing fee must accompany the application. Additional documents are required if you are not an Australian citizen.
Overview of the Divorce Process/Application
In Australia, certain conditions must be met in order to file for divorce. The applicant must demonstrate that the marriage has irretrievably broken down and that the parties have lived separately for 12 months continuously, and that there is no likelihood that the parties will live together again.
For a marriage that has lasted for less than two years, a certificate from a family counsellor must be provided to indicate that all efforts at reconciliation have been made. This will not apply to special circumstances that involve domestic violence.
It is important to note that Australian courts acknowledge special circumstances in which a couple is separated while living under the same roof. This may be due to religious considerations, children or financial reasons.
What Are the Fees Involved?
Initial Application Fee
The initial fee for initiating a divorce is between $360-$715 depending on the nature of the application. The cost of a final order, interim order or financial order will differ slightly.
Application for Divorce
The government fee for filing for divorce is now $990 (as of July 1st 2022). This fee can be reduced to $330 based on special circumstances. Individuals who hold a government health care card, pensioner concession card or Department of Veteran’s Affairs card may qualify for a reduced fee. The divorce application fees can also be reduced if the applicant can demonstrate financial hardship.
If you are the sole applicant in the divorce, the papers need to be served to your partner as part of the process. This has to be done by a third party or by registered post. This means that you should factor in postage fees into your divorce costs.
Other Fees Associated With a Divorce
A divorce can be a complex matter that requires the services of a divorce lawyer Cairns residents trust. At WGC Lawyers, we recommend meeting with highly rated lawyers in your area to get an idea of their fee structure and their ability to handle your case effectively. In general, a family lawyer will work on a fee-for-service basis. This means that you will only pay for the service you receive and will include hourly charges, or other units of time.
Experienced Divorce Lawyer in Cairns
We understand how tumultuous a divorce can be for everyone involved. Contact WGC Lawyers today to speak with a team of lawyers known for their legal acumen and empathetic attitude towards customers.