Divorce - Can I apply?Family Law
Can I apply for a divorce?
You can apply for a divorce once your marriage has broken down irretrievably and you have lived separately and apart for twelve months immediately prior to the date of filing your application for the divorce order. You will need a copy of the Marriage Certificate to file with the Court.
Which Court and what is the cost?
The application is made in the Federal Circuit and Family Court of Australia (FCFCOA), electroniclly via the Court’s portal. The filing fee is $940 or a reduced fee of $310 if the applicant holds a pension or Commonwealth Health Care card. Professional fees associated with the preparation of the application and any appearance required can be discussed by calling our divorce lawyers at City, Essendon or Sunbury.
What if there is a chance my spouse and I will get back together?
A divorce order will not be made if the Court is satisfied that there is a reasonable likelihood of cohabitation being resumed (as husband and wife).
Application for divorce where there are children.
The Court will only grant a divorce order after it has been satisfied as to the following:
A That there are no children of the marriage who are under eighteen years of age OR
B That the only children of the marriage who are under eighteen years of age are the children specified in the order and that:
- Proper arrangements in all the circumstances have been made for the care, welfare and development of those children; or
- There are circumstances by reason of which the divorce order should take effect even though the Court is not satisfied that such arrangements have been made.
Your attendance at Court may be required in some instances.
At McNabs we are well placed to assist you in any queries that you might have in this area. We understand that these matters can be stressful for you and your family. We can guide you through the process to help make it as trouble free as possible.
We can help
We will respond within the next business day. You can also call 03 9670 9691.