What is the process for divorce in Australia?
By Samantha Chai |25 August 2021 |Separation and Divorce-Articles
Step 1: Decide if you wish to make a sole or a joint application for divorce
A sole application means you are applying solely for a divorce and you may have to incur the entire filing fee that is payable to the courts, on your own. Alternatively, if are making a joint application, we will need to provide a draft copy of your Application to your spouse for their comment and perusal before submitting your Application. The benefit of a joint application is that you may wish to negotiate the payment of the filing fee with your spouse and will not be required to attend a divorce hearing if there are children under the age of 18 years of age.
Step 2: Your application is prepared.
We will need to gather information from you including your contact details, your arrival in Australia, details of your marriage, the date of separation, and the current parenting arrangements (if there are children under 18 years). Additionally, we will need to know if there are existing or current court orders in place for example property settlement orders or a protection order.
Step 3: Arranging a time to signing the application.
The application will need to be witnessed in the presence of a qualified witness, such as a JP or a solicitor. If you’re making a joint application, your spouse will also need to undergo this process. Our team are able to meet with you to witness your application and this is included in our professional fee estimate to you.
Step 4: The application is filed with the Court.
There is a filing fee payable with the courts for your Application of $940 or $310 for holders of a concession card or health care card. Where financial hardship is proven you may also be eligible for a reduction of the filing fee. All Court fees are free of GST, and our team can complete the filing online for you.
Step 5: Your Application is served on the other party.
If you are making a sole application, we will need to serve your spouse via post or personal service. If you are making a joint application, we can simply serve your spouse a copy of the filed application via email.
Step 6: Wait for your divorce hearing date.
Once you have filed your Application, you will be allocated a divorce hearing date. If there are children under 18 years of age, you will be required to attend. If your attendance is required, our solicitors are able to attend this hearing on your behalf. However, if there are no children to the relationship under 18, or you are making a joint application, your attendance is not required and the divorce will be determined on the papers. At your divorce hearing, you will be made aware if your divorce is successfully granted.
Step 7: Your divorce order will be issued.
Your Divorce order will issue one month and one day after the divorce hearing. We will provide you with a copy once it is made available by the courts.
If you have any further questions about this entire process, feel free to reach out to one of our Brisbane, Ipswich, North Lakes, Toowoomba or Dalby offices today by phoning 07 4639 0000 or emailing us at [email protected]. at Best Wilson Buckley Family Law.