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Divorce Process

Divorce Process

The Divorce Process  in Australia under the  system known as “no fault divorce” is relatively simple. Either spouse can divorce the other, without a need to explain or justify to anyone why the marriage has ended. It is enough that you have considered your marriage and have made your own decision that it is no longer working or in other legal words, “the marriage has broken down irretrievably” and there is no chance that you will reconcile in the future. There is one criteria, however which must be satisfied  in the divorce process and that is that you show evidence that you and your ex-spouse have separated for a period of at least 12months. You have the opportunity during that separation year, to re-trial your marriage for a period of no more than 3months and you can also live separated with your ex under the one roof.

The Divorce process allows you to file your  Divorce  either jointly or individually, if it is done individually then it is important  that your ex-spouse is personally given the divorce application. This is  very important part of the Divorce process.   You will need to attend Court, if you have children together, who are under the age of 18 years. Where you and your ex do not have children, neither one of you will need to attend Court.

If you need help with the Divorce Process, then we are able to assist you. We offer a fixed fee for this service.

Divorce Process

Divorce Process


Divorce Process- Frequently asked questions:

I am not divorced yet can I apply for property settlement?
Absolutely yes! You do not have to be divorced to deal with your property and financial matters. In fact it is better to sort out all your finances well before you get divorced.

I don’t have parenting Orders for our children, can I still get divorced?
You can get divorced, provided that in your Divorce Application you explain that the children are adequately cared for and explain the parenting arrangement that exists between you and your ex-spouse.

How long does it take to get divorced?
Once your divorce is granted, it will take one month to receive your Divorce Order, then you are legally divorced.

What happens if I don’t know where my Ex is?
You will need to tell the Court and you will need to request that service be substituted to another person who has contact with your ex-spouse or you will need to request that service be dispensed with completely.

How much does it cost to get Divorced?
The current filing fee is $845. There are additional costs for service and legal advice.

Cominos Family Lawyers. Call 02 8999 1800 or email us here.