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Divorce marks the end of your marriage and the start of a new phase. Our aim is to give effect to this process as efficiently as possible, lightening your burden so you can start afresh.

Commonly Asked Divorce Questions

How long does it take to get divorced?

We like to finalise divorce matters in around 3-4 months.

From the date of you contacting us, we want to file documents within 1 month. From there, it can take up to 1-2 months before the Court date, and then a mandatory 1 month before the divorce order is finally granted.

Do I need to speak with my partner during the process?
No. All the communication happens from us to your partner or their solicitor, if they have one.
How does serving documents work?
We work closely with reputable service companies to ensure your partner receives the documents. We initiate a job request with the server company and one of their workers attends your partner’s address to serve the documents. Your partner will need to sign certain documents to prove to the Court that they have received the documents.
How much do you charge for a divorce?
$1,650 (inc. GST). This amount does not account for document process server fees and attendance at Court (if required).
What if my partner doesn’t want to get divorced?
Australian Family Law does not require a person’s consent to get divorced. Provided certain requirements are met, for example 12 months’ separation and at least one of the parties is resident in Australia, the divorce will go through. A party may object to the Divorce and file a Response, however it will not be upheld simply because they do not want to get a divorce. They must prove to the Court that one of the requirements for divorce are missing. Commonly, it will be when a party asserts that 12 months’ separation has not yet occurred.
What’s divorce got to do with parenting arrangements and property?
Think of Family Law cases as having three heads: Divorce, Parenting and Property. The Divorce head is the legal termination of the marriage. It permits the parties to re-marry as polygamy is unlawful in Australia. In how it relates to Parenting, at the Court divorce hearing the Court wants to be satisfied that proper arrangements are in place for the care, welfare and development of the children. In the Divorce Application, there is space to describe the parenting arrangements in place. In terms of its interaction with Property, parties have 12 months to initiate a Property Settlement claim in the Federal Circuit and Family Court of Australia from the date on the Divorce Order. There will be no in-depth exploration of Parenting and Property matters at the Divorce Hearing. These are explored in separate cases which require the filing of separate documents.
What if my partner refuses to accept service of the divorce application?
All reasonable attempts need to be made to serve documents on the other party. However, if a party is clearly avoiding service then evidence will need to be shown to the Court of attempts made. It may mean that a Court dispenses with the need for service, meaning service will not need to occur.
What if I don’t have any contact details for my partner?
The Court will want to see that all reasonable attempts have been made to locate your partner. For example, searching the electoral roll, asking friends and family, reviewing social media. If the search fails, the Court can grant a variety of Orders such as a Substituted Service Order and Dispensation of Service Order. The former permits the Divorce Application to be served on your partner other than by hand, for example their last known email address or social media account. The latter allows the Divorce to be processed without service needing to occur, though this is less common.
I was married overseas, can I still get divorced?
Yes. Provided there is a valid copy of a marriage certificate, the divorce can proceed.
What if I don’t have my marriage certificate?
All reasonable attempts will need to be made to locate the marriage certificate, such as making inquiries with public record institutions such as Births, Deaths and Marriages. If a marriage certificate cannot be obtained, you will have to give evidence of a marriage ceremony taking place. This may require leading evidence from witnesses present at the ceremony, such as friends, family and/or marriage celebrants.
Can my partner and I get divorced jointly?
Yes, this is called a “Joint Divorce Application”. It is in fact a smoother process since both parties are in agreement and does not require us to arrange a process server to serve documents on your partner. It will require the ordinary Application to be completed and signed by both parties.
Still have more queries? Download our “Divorce Pack” which explores in greater detail how Divorce is considered in Australian Family Law.

Divorce Fees

I Charge Differently to Most Lawyers

  • My pricing is based on the value I deliver to you, not the time spent.
  • My pricing encourages resolution, not stalling.
  • My pricing does not back you against a wall, it empowers you.
  • My fees are transparent from the start, not uncovered after the fact.
  • My fees are competitive in the marketplace.
  • My communication with you is included in the cost, not billed with every email sent.
  • My fees facilitate greater trust in the lawyer/client relationship, less skepticism.

Child Custody

We help you resolve parenting arrangements so you can establish a clear path forward and have a meaningful relationship with your children.

Child Support

We help you to set in place child support obligations that are fair, whether privately by agreement, or publicly through the Child Support Agency.

Legal Aid

We provide greater access to justice by taking on clients on a legal aid basis. We provide greater access to justice by taking on clients on a legal aid basis.