When a marriage breaks down, it’s a stressful and painful time for everyone involved. That’s why accessing specialist advice on how to get a divorce is so important. Experts in family law, East Coast Law guides you through divorce proceedings, parenting arrangements and financial settlements to help you move on with the rest of your life. Our experienced team helps you navigate separation and divorce, offering care, compassion and certainty during a difficult time.
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The easiest way to get divorced in Australia is to engage a divorce law specialist to guide you safely through the process. While it’s possible to lodge an application for divorce without legal representation, this comes with certain risks. For instance, if you fail to lodge the correct paperwork within the set timeframes, this will set back the process. Without expert legal advice, you also run the risk of not having your rights represented in discussions around parenting and financial orders. The easiest way to get divorced is to talk to an expert in divorce and family law.
You can initiate divorce proceedings without your spouse knowing by making a sole application, however, your spouse is required to be notified as part of the process. If you submit a sole application, this needs to be personally served on your spouse. If they oppose the application, they have the right to file a response prior to the scheduled hearing. As long as you can prove the marriage has irretrievably broken down and have met all other legal requirements, you will be granted a divorce, even if this is opposed by your spouse.
Broaching the subject of getting a divorce can be daunting but here are a few tips to help you ask for a divorce peacefully.
A divorce doesn’t have to be agreed to by both parties. While a joint application is signed by both parties, a sole application can be lodged by one spouse, without having to be signed by the other. In this case, the application needs to be served on the other spouse at least 28 days before the divorce hearing. If there are children under 18 involved, the filing spouse will need to attend the divorce hearing to discuss interim parenting arrangements.
There are several steps involved in getting a divorce. Here’s an overview of what you need to do to get divorced in Australia.
Note: parenting and financial settlement arrangements are separate to the divorce process and need to be finalised within 12 months of your divorce.
Australia operates under a ‘no fault’ system when it comes to divorce, so blame doesn’t have to be apportioned to one or both parties for a marriage to end. This means it doesn’t matter who initiates a divorce or why the marriage has irretrievably broken down. Both sole and joint divorce applications are accepted by the court, allowing either or both spouses to begin the legal process of ending their marriage.
Before telling your spouse you want a divorce, it’s a good idea to do the following:
Seek professional advice from a divorce law specialist like the team at East Coast Law.
The divorce process in Australia takes on average around four months from start to finish. In many cases, you won’t need to attend court, especially if you don’t have kids under the age of 18. Depending on whether you lodge a joint application or go it alone, there are different steps in the process. That’s why it’s vital to seek legal advice before you start the divorce process.
This involves both parties agreeing to file the application together. The advantage of making a joint application is there is no requirement to attend the court hearing as all joint applications are dealt with in the absence of the parties, plus there is no requirement to serve any documents.
Receive the certificate of divorce. Once the divorce order is granted, the divorce will become final one month and one day following the hearing.
This involves one party initiating the divorce process and making a sole application to legally end the marriage. Sole applications must be personally served on the other party at least 28 days before the assigned divorce hearing date.
According to research commissioned by Real Insurance, Australians spent almost $45 million in 2018 on divorce application fees. Meanwhile, the legal costs associated with divorce continue to cost Australians approximately $3.7 billion each year.
If you want to work out how much it might cost you to get a divorce, consider the following expenses:
There are additional expenses to consider when looking beyond the divorce to finalise parenting and financial arrangements including:
As a guide, most joint application divorces will cost between $2500 to $4000.
Filing a divorce in Australia doesn’t usually take all that long. From start to finish, the average time to complete the divorce process is around four months. This timeframe takes into account filing the application, lodging all required documentation, serving documents (if required), supplying affidavits, awaiting the divorce hearing and waiting one month and one day following the hearing for the divorce to be finalised. If incomplete information is supplied or documentation is not lodged within the court’s stated timeframes, divorce proceedings may take longer.
To ensure your divorce proceeds smoothly, it’s important to choose a divorce lawyer with the experience, compassion and authority to guide you through this difficult time. While you can initiate divorce proceedings by yourself, it’s best to engage a professional family law expert to ensure you and your family are looked after and protected throughout the process.
The experienced team at East Coast Law are ready to help you navigate the legalities of divorce so you can get on with your new life. Experts in the divorce process, we can smooth the way for you and also assist with parenting and financial agreements. If you are contemplating divorce and looking to choose a divorce lawyer, call a member of our team today on 1300 327 826.
Katie Jolliffe is an associate solicitor at East Coast Law specialising in Family Law, Wills & Estates, Criminal Law, Juvenile Justice, Traffic Law and Licence Appeals. A natural advocate, Katie has experience attending and representing clients at the Federal Circuit and Family Court of Australia in Newcastle and Local and District Courts around the Newcastle, Lake Macquarie and Hunter Valley areas.