A divorce is the formal ending to a marriage. It is a legal process whereby your separation is formally registered and acknowledged by a Court order and you are thereafter free to remarry if you wish to do so.
Many separated couples deal with their property settlements and parenting arrangements prior to turning their minds to a divorce. However, a divorce is inevitably something that most people want at some stage and it is important to know the requirements and steps involved in the process.
The team at Insight Legal Solutions can guide you through this process and/or undertake the divorce application process on your behalf. For more detailed information on the particulars of your case, please contact our team. For a little more general information, please read on…
Requirements for a divorce
- You must have been separated for a minimum of 12 months (this generally means having lived separately and apart for this period but there are exceptions if you have separated under the one-roof for all or part of that period).
- Your marriage must be irretrievably broken-down meaning that it is unlikely that you will live together as a married couple again.
- You must be able to explain the current parenting arrangement for children of the marriage under the age of 18 years.
Types of divorce applications
- Joint applications – where both you and your ex-spouse apply to the Court, both signing the application form. Attendance at the divorce hearing is not required if the application in joint.
- Single applications – where one person makes the application to the Court without the involvement and/or consent of the other party. This process is a bit trickier as you may have to appear in person (or represented) in Court and you will have to ensure the other party is properly served with the Divorce Application. However, it is a great option for those who do not have a cooperative ex-spouse.
We have a fixed fee for divorce applications, being $660 (inclusive of GST) for a joint application or $990 (inclusive of GST) for a sole application. You will have to pay a filing fee to the Court of $910 (some exemptions apply for Government concession card holders).