Divorce Applications

Interact Support provides assistance to apply for a Divorce

We assist you to use the Do-It-Yourself process provided by the Family Court under the supervision of a family lawyer.

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All the help you need to get divorced.

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Application

The first step of the Divorce Process is to complete your application. We will help you to set up a Commonwealth Courts Portal Account (if you don’t already have one) and complete the application form for your divorce.

Service

There are special rules about how your divorce has to be “served” on the other person.

We help you to work out the best way to serve the application so that you can prove to the court that your husband or wife knows about it.

Affidavits

Help to work out which Affidavits or other documents you need to provide as part of your application and to confirm that service has occurred or help with the affidavits required if you were unable to effect service.

 

It takes a bit of time to get divorced

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Additional Costs

Court and other costs you may face
$
  • $865 per Divorce (payable to the court when you lodge the application) or
  • $290 per Divorce if you get a concession rate (payable to the court when you lodge your application
  • $150 + for document service if you use a process server (service by post or email is included in the fee)
  • any costs associated with locating your former husband or wife.
What are the grounds for a divorce?

In Australia we have no fault divorce. That means the only grounds (reason you need to give) is that you have separated and do not intend to get back together.

You must be separated for 12 months before you can apply for a divorce.

We've separated but still live in the same house. When does the clock start for my divorce?

The “clock” for your twelve months of separation starts from when you separate with the intention of ending your marriage.

You can still apply for a divorce if you have decided to separate but continue to live under the one roof. You are not separated if you continue to live as husband and wife.

With the cost and difficulty in finding rental accommodation it is common for people to live separately under the one roof while they are sorting out their property settlement and can afford to set up two separate households.

As long as you both agree that you have separated you won’t have a problem. If your husband or wife contests the time that you have been separated you may have to provide evidence to the court.

How long does it take to get divorced?

Once you start the application the main time it takes are in the mandatory waiting periods. There are two points where it can take some time:

  • in getting a court date allocated. The first court date you will be offered is going to be a month or more in advance of the day that you are lodging your application. This is to allow you time to serve the documents on your husband or wife. Sometimes the date you can get is further into the future than absolutely necessary due to staffing or other issues at the court.
  • your divorce will be granted one month and one day after the court date. For example if your court date is the 1st June your divorce would be granted on the 2nd July.

The delays that you have control over are the application process. Making sure that you get the information we need and any additional documents to Interact Support as soon as you can will speed the application preparation process up.

We don't have a property settlement or parenting agreement. Can I still get a divorce?

Parenting

Yes you can. You are going to have to continue to negotiate and re-negotiate your agreements about your children as your children grow and their needs change.

There will probably be changes in your life as well that affect your co-parenting relationship.

Whether or not you are divorced or indeed ever married is irrelevant when it comes to parenting.

Property

We strongly recommend that you do not get a Divorce until you have a property settlement sorted out.

You have 12 months after your divorce to get a property settlement. If you don’t do it in that time you will have to ask permission of the court for a property order application to be heard. The court could decide that it would be unfair to do that and not allow you and if it does allow you the additional hearings required will add to the cost.

If you don’t get divorced and don’t have a binding, final property settlement your husband or wife could ask for a share of the assets you’ve accumulated since you separated even if that was 5 or 10 years ago.

Book in for a Separation and Divorce Consultation to find out more – Separation and Divorce Consultation

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