Divorce - Brazel Moore Lawyers
An Application for Divorce may be filed with the Family Court twelve (12) months from the date of separation. You may have been separated but living under the same roof. In this case, the Family Court will ask for evidence of the period of separation.
In Australia, the Family Court does not need to determine who was at ‘fault’ for the breakdown of the marriage, however, when children under the age of 18 are involved, the Court may require suitable arrangements to be in place for the care of those children.
The Court may ask about the children’s living arrangements and visits that are in place for the children to spend time with the non-resident parent.
How To File For Divorce
To prepare an Application for Divorce, you would attend your Divorce Lawyer and provide details of your marriage to be included in the Application.
You would also provide your Lawyer with a copy of your Marriage Certificate. The Family Court requires that a Marriage Certificate be file with your Application.
Your Divorce Solicitor would then prepare the Divorce Application, have you sign it and file in online with the Family Court. A Solicitor’s cost of Divorce will vary however, the current Filing fee for a Divorce Application is $1290.00. This amount is reduced to $430.00 for people who are holders of Pension or Concession cards or for reasons of hardship.
In the case of a sole application, the sealed Application for Divorce would then be served in person upon your former spouse.
Should no children be involved, and it is an uncontested Divorce or a mutual Divorce, you will not be required to attend Court. Your Family Lawyer will attend the hearing of your Divorce and will advice you once your Divorce is granted.
In the event that there are children under the age of 18 years, you will be required to attend Court with your Lawyer for the Divorce Hearing. This is so that you are able to answer any questions the Court may have regarding your children.
Once your Divorce is granted by the Family Court, your divorce will become complete one (1) month and one (1) day afterwards. The Court will provide a document referred to as a Decree Nisi which is your Certificate of Divorce.
What About Your Property
It is important to remember that should you and your former spouse not have come to agreement regarding property matters, you have a time limit of twelve (12) months from the date of Divorce to file for Property Orders with the Court. Following the expiration of the (12) months, you cannot file an Application for Property Orders without first seeking leave of the Family Court to file the Application out of time.
It’s important that you seek Legal Advice from an expert Divorce Attorney as early as possible so that you know where you stand.
Call the Central Coast’s Best Divorce Lawyers, now for a special reduced rate consultation.