divorce
If you have already separated or if you are looking to separate from your partner then it is not a mere matter of applying for a divorce, which is the formal nullification of the marriage and the subsequent issue of a Decree Nisi. Part VI of the Family Law Act governs divorce proceedings.
If your circumstances involve seeking more than the just obtaining nullification papers, then please be advised that you may need to consider issues relating to property division and distribution and if there are children resolving parenting issues which you can view on this page by clicking on the links.
Your divorce will be dealt with within 42 days of filing and be granted one month and one day after it is approved by the Federal Magistrates Court.
In relation to divorce proceedings, to secure a Decree Nisi, we offer flat capped fees as an option many clients choose to adopt.
Divorce checklist
• Have you been separated for more than 12 months?
• Is the other party likely to dispute the separation date? If so then affidavits will be required.
• Is the marriage less than two years? Counseling is required as part of the process.
• Can you obtain a marriage certificate?
• If born overseas each party's citizenship papers are required.
• Can you serve the other party or have you lost contact if not Part 6 of the Federal Magistrates Court Rules 2001 may apply. Hearing dates generally take a few months.
• Have you agreed on the property division? After the grant of a divorce you only have 12 months to file an application.
• Are there children under 18? Have proper arrangements been made for children? The court needs to be satisfied the best possible arrangements are in place.
• Are you both still living in the same house? Affidavits are required.
• Cohabitation may break up the 12 month separation period.
• Are you applying to rescind the divorce due to fraud, perjury or suppression of evidence?
• Have you updated you will after the divorce?
Going to Court | Urgent Action | Appeals | Consent Orders | BFA | s75 | s79 | Divorce
FAQ's
De Facto
The Property Relationships Act 1984 (former De Facto Relationships Act) assigns rights to de facto partners and people in close personal relationships.
Divorce - Decree Nisi
Divorce is the formal nullification of the marriage and the subsequent issue of a Decree Nisi.
Superannuation
Since 28 December 2002, superannuation is regarded as property and therefore is an asset that needs to be distributed between parties.
Pre Nuptials
This increasingly sought after agreement is fraught with uncertainty. We can show you how to safeguard your present assets into the future.
Consent Orders
This is our preferred method of settlement and it ensures the Family Court vets the terms of the Consent Orders and approves them.
Binding Financial Agreements
Parties can avoid Court and enter into private financial agreements that are binding. Vital to these agreements is the need to ensure remedies are available.
Why choose our firm
You can trust our information and advice. We are competent experienced lawyers who charge reasonable fees in achieving the outcomes you want.
Our fees
We provide flexibility and transparency in our fees. We offer our clients hourly rates or fixed fees and provide you value for money.