At Amicus, we understand that divorce usually means heartache. However, we believe the emotional turmoil you experience and the costs you incur while following the divorce procedure in Australia should be as minimal as possible.
To reduce disruption to your life and to help you move on and thrive, we’ve put together this guide on the divorce process in Australia.
The Divorce Process in Australia
In order to qualify for an Australian divorce, you’ll need to meet several criteria.
You or your partner must either:
Time Limits
There aren’t any time limits in which to apply for a divorce in Australia. However, in order to begin the divorce process in Australia, you must prove to the court that:
During your 12-month separation period, you can still live together. This is known as ‘separation under one roof’. During this 12-month period, you can also get back together for a maximum of three months. However, if you restart the relationship for longer than this, you’ll need to restart the separation period.
If you have been married for less than two years, you’ll need to file a counselling certificate and attend counselling before you can divorce. You can do this by contacting the Family Relationships Advice Line on 1800 050 321.
After your divorce order becomes final, you have 12 months to apply for a property settlement. After this period, you will lose your right to make an application.
Sole Application for Divorce
If you file a sole application:
Joint Application for Divorce
If you file a joint application alongside your partner:
The staff were wonderful to deal with, professional at all times. Laid out all the information every step of the way. The price of the package was great, no hidden extras and the whole experience was so easy. Would highly recommend to anyone who wanted to use their services… thanks again to the team for making my divorce hassle free.
Quick, easy to deal with and very well priced. This team followed up on any detail I may have missed.
Tyson and the team have been wonderful. Family matters are stressful but thanks to Tyson and the team it was made a lot easier with their professionalism and care. The team is easy to contact and very quick and timely with all their responses. I would have no hesitation in recommending Amicus Family Law to family and friends to handle any Family legal matters as it will be done with courtesy and care.
My whole divorce process with Amucis Family Law was amazing! They made the whole process so easy and stress free. From the great communication too getting everything sorted rather quickly I would rate these guys 10/10! Highly recommend.
Filing for Divorce
Making the decision to get a divorce is generally highly stressful and emotionally draining. However, thankfully, Amicus can make the divorce process in Australia relatively straightforward for you.
If you decide to proceed with a fixed fee divorce with Amicus, you will be asked a series of questions about your personal circumstances, your marriage and why you want to get divorced. Depending on the answers you provide, we may request supporting documents as required by the court. Rest assured, we will guide you every step of the way.
Once your application is filed with the court, the divorce application fee will need to be paid before it’s considered by the courts. If you decide to engage Amicus to assist with your divorce, this fee is included in our quote. Currently, this is $990, but it may be reduced to $330 if you can prove that you’re experiencing financial hardship or you’re in receipt of a health care card. If you file a joint application, this criteria must apply to both parties and you’ll be asked to provide proof that you qualify.
Need help? Contact us today
We are here to help you prepare and file your application for divorce and represent you at a divorce hearing (if one is required).
As our services are all provided online, regardless of where you are located in Australia, we can help ensure your divorce application is prepared and filed correctly. Just answer these simple questions and we’ll provide you with a fixed-fee quote for our services.
When you choose one of our fixed fee divorce options, we guarantee clarity and transparency with respect to your costs, for both our professional fees and any disbursements (such as service and court filing fees). To obtain a fixed fee divorce quote, just answer a few quick questions today.
