Q: How can I make my first appointment?

A: Contact our friendly staff here today! You can either telephone our office or complete the online enquiry form and a member of our team will contact you during business hours.

Q: When can I get a divorce?

A: We have a “no fault” divorce system in Australia. The only requirement is to establish that the marriage has broken down irretrievably.  This is evidenced by a period of separation of 12 months.  If you have been married for two years or less, you must also attend counselling before you can apply for a divorce.  If children are involved, the Court will ensure there are proper care arrangements in place. Find out more in our Checklist on Divorce.

Q: How much will a divorce cost?

A: The Federal Circuit and Family Court of Australia charges a filing fee of $940.00. If you file a sole Application, you will also need to serve a copy of the Divorce on your spouse which could incur additional process server fees. We charge a fixed fee to assist you with a Divorce Application. Our fees will vary depending on whether there are children under 18, whether you lived in the same house during the 12-month separation period, whether there was a trial reconciliation or not, and whether you are filing the Application on your own or jointly with your spouse.

Q: Can I change my child’s name?

A: Changing the name of a child under 18 years of age requires the consent of both parents or an order of the Federal Circuit and Family Court of Australia. If the child is over 12 years, generally their consent is also required.   If both parents do not consent to their child’s change of name, a parent can apply to the Court for an Order for this to occur.

Q. How much will a property settlement or parenting order cost?

A: It is very hard to give an accurate estimate of costs, as this will depend on how willing parties are to settle, how complicated the matter is and other unexpected factors which may cut a matter short or draw it out. If fully litigated, your legal costs could be in excess of $50,000.00. Click here to read our article on costs in family law matters.

Q: When can I apply for a property settlement or parenting orders?

A: You can apply for these orders at any time following separation - though you must apply for property orders and spousal maintenance no later than 12 months after your divorce is finalised. If you want to apply to the Court for parenting orders, you must first participate in a dispute resolution process, like Mediation, and obtain a certificate to say that you have done so.

Q: What will happen if I have to go to Court?

A: If your matter goes to Court, you shouldn’t expect to get final orders the first time your matter is heard by a Judge or Registrar (See our question “How long will proceedings take?”). Generally, at the first Court date the Judge or Registrar will want to know what has happened in your matter so far. Then they will make some directions to keep your matter moving. This usually involves going to a Mediation and, in property matters, getting valuations if any values of items are disputed. The Judge or Registrar will have anywhere from 15 to 50 cases to hear the same day as your matter, so you will be sitting and waiting a while for your matter to be heard. This is a great time to try to negotiate some Orders with the other party. When the Judge or Registrar hears your matter, they will make some procedural orders to keep your matter progressing and set another Court date for you to go back to Court. Most parties are able to negotiate what Orders they would like the Judge or Registrar to make while they are waiting for their matter to be heard.

Q: How long will proceedings take?

A: Each case is different.  Only around 5% of cases proceed to a final trial in the Federal Circuit and Family Court.  A case which goes to trial may take around 2 years from the date of filing the original application to finalisation; however, most cases are settled out of Court through counselling, negotiation, mediation, arbitration or any combination of these.

Q: I am not married but have separated from my partner - can I get a property settlement?

A: A couple who have been in a de facto relationship for two years or more and separated after March 2009 may apply to the Court for a property settlement on similar grounds to a married couple.  Relationships of shorter duration may also come within the legislation in certain circumstances.

Q: Will each spouse generally be entitled to 50% of the property from the marriage?

A: There is no presumption that each spouse will receive 50% of the property.  In making a property order, the Court will look at the contributions of each spouse, both financial and non-financial, the homemaker or parenting contributions, and the ability of each spouse to provide for themselves and any children in their care in the future.  The Court will also take into account what nett assets each party originally brought into the relationship and what other outside assistance has been contributed (e.g. inheritance, interest free loans and substantial financial gifts). Find out more in our article, The Property Settlement.

Q: Do I need to have a lawyer?

A: The short answer is no. However, matters are often very complicated to those not familiar with the area of law or the law in general and they can find the process extremely time consuming and frustrating.  A self-represented party is also in danger of agreeing to settlements that do not adequately represent their interests or they may pursue incorrect arguments.  If you do choose to be self-represented, it is a good idea to seek advice from a lawyer from time to time throughout your case.