Divorce Applications $385
The Divorce Assistant is a leading online divorce service and our friendly, efficient and professional approach sets us apart from others. We offer an affordable fixed fee and personalised support, so you can feel reassured that your divorce will run smoothly and without the expense of a family lawyer.
Getting started is easy. Take a minute to complete our online assessment form and we’ll provide a quote, timeframe and instructions for next steps. We manage the entire process and you’ll have our full support at every stage.
About Divorce
The term divorce is commonly used as an all encompassing way to describe the steps taken to resolve matters following separation from marriage.
So, it’s important to understand that when it comes time to file an application for divorce with the family courts, it simply relates to formally ending the marriage by way of a divorce order granted by a court registrar. Crucial to the application being granted, is ensuring all the necessary court forms are completed and filed with the court correctly before the hearing date. Otherwise, you run the risk of proceedings being adjourned or dismissed all together.
An application for divorce does not resolve parenting or financial matters, however if there are children to the marriage, the court ensures their welfare is taken care of as part of the divorce application. If property settlement has been formalised into a legal binding agreement, the court should be made aware of this. If property settlement hasn’t been reached and you have chosen to finalise your divorce application beforehand, you will have 12 months from the date the divorce is granted, to lodge an application for property orders in the family courts.
Complete in 4 simple steps
Step 1.
Complete our online form and provide a copy of your marriage certificate. We’ll review your details and send you the completed application form to sign in front of your local Justice of the Peace.
Step 2.
Once you’ve signed the document, we lodge the application with The Federal Circuit and Family Court of Australia and book a hearing date. The hearing is ordinarily between 2 – 3 months later, depending on your circumstances.
Step 3.
If you’re making a sole application, we assist with having the court documents served to the other party and we file the service forms in court.
Step 4.
The divorce is granted at the hearing and the certificate is made available one month and one day later. You are only required to phone into the hearing if you’re making a sole application with children to the marriage that are under the age of 18.
Ready to start your Divorce Application
Frequently Asked Question’s
When can I apply for divorce?
You can apply for divorce in Australia if you have been separated for 12 months and either; regard Australia as your home and intend to live here indefinitely, or are an Australian citizen or ordinarily live in Australia and have done so for 12 months before filing for divorce.
What is the difference between a Joint Application and a Sole Application?
A joint application is when you make the application for divorce together with your spouse and you both sign the form and have it filed in court. Attendance is not required at the hearing and the divorce is finalised a little quicker. It does require cooperation. If both applicants hold a concession card, they are entitled to reduced court fees.
A sole application is made by one party and does not require the permission of the other. The form only needs to be signed by the applicant, however once filed in court, a copy of the paperwork must be served on the other party. If there are children to the marriage under the age of 18, the applicant is required to phone into the hearing. If the applicant holds a concession card, they are entitled to reduced court fees.
How much is the court filing fee?
Full cost $1060. If you hold a government concession card this is reduced to $350.
What if I’m separated, but still living with my spouse?
You are still able to apply for divorce if you have lived or are still living under the one roof with your spouse, so long as you have been separated for at least 12 months and your spouse was aware that final separation started from a particular date. You need to ensure the date of separation cannot be disputed by your spouse. If you have lived with your spouse at any point within the 12 month period before filing the application for divorce, supporting affidavits are required to be filed in court outlining the arrangements and provide evidence of the separation. An affidavit is a written sworn statement that is filed as evidence.
What if I don’t know where my ex spouse is located?
Unfortunately, we can not assist with your application for divorce and you should seek the advice of a family lawyer because you may need to make an additional application to the court seeking that the usual rules for service be set aside.
How long does it take to get divorced in Australia?
Approximately 3 – 4 months. The Divorce Assistant will have your application form ready within a few business days, and will lodge it in court once you have signed it in front of a Justice of the Peace. The hearing is ordinarily 4-6 weeks later for joint applications and 8-10 weeks later for sole applications. Once the court has granted the application for divorce, the certificate is made available one month and one day later, at which time the divorce is finalised.
What if my ex spouse is overseas?
Unfortunately, we cannot assist with your application for divorce, and you should seek the advice of a family lawyer.
What if I don’t have a copy of the marriage certificate?
You can easily order a copy of your marriage certificate online or in person at the Births, Deaths and Marriages registry in your state?
What is ‘Service’ of a Divorce Application?
Service is a legal term whereby the court requires the other party to the application (the Respondent) to be formally provided a copy of the court documents by way of Personal Service, or by Postal Service.
Personal service is when a third party, either someone you know, or a professional process server delivers the court documents to the other party in person. This cannot be done by the applicant of the divorce application. The other party may or may not choose to sign an Acknowledgment of Service form. Regardless, the server will leave a copy in the presence of the other party and they will be considered served.
Alternatively, the court allows you to post a copy of the divorce application to the other party, but they must sign an Acknowledgment of Service form, which confirms they have received the documents.
Once the other party has been successfully served the documents, the server must complete the required court service forms and they must be filed in court.
How do I serve the court paperwork to my ex spouse?
The Divorce Assistant provides service of documents, however you must know the whereabouts of your ex and be confident they can be served successfully.
Service can occur by post or in person by a process server or other person not party to the application over the age of 18. If your ex has a family lawyer, it may be an option to serve them the paperwork. All court forms relating to service must be complete and filed in court before the hearing date.
What if I was married overseas and the marriage certificate is not written in the English language?
You must have the marriage certificate translated by a NATI certified translator and the translator must complete the applicable court affidavits.
What about Property Settlement and Parenting Arrangements?
The granting of a divorce does not decide issues about finances, property and maintenance or parenting arrangements for your children. These are treated as separate matters. The divorce application finalises the end of the marriage.
Please note that financial/property court proceedings arising from the breakdown of a marriage must be started within 12 months of a divorce order taking effect.
Are you experiencing family violence?
If you are in immediate danger please call the police on 000.
The Divorce Assistant is committed to helping those experiencing family violence. Contact us so we can link you with family violence support agencies and if required, help you make an application for an IVO. This is provided as a free service. Use the button below to download our free safety manual.
