FAMILY LAW

DIVORCE

Divorce is the legal process whereby you separate from your spouse and bring a formal end of the marriage relationship.

The process itself is relatively simple, however the ensuring property settlement and parenting arrangements can become complex and the centre of conflict when the ex-partners cannot come to easy decisions.

Our experienced family lawyers can assist you with the Application for Divorce, making sure that all requirements and rules are followed so that you do not meet delays.

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How does the Divorce process work in Australia?
You can apply for a divorce after you have been separated for 12 months, with no chance of a reconciliation. The actual divorce application can be made by you, your ex-partner or both parties together. Doing it together will result in a quicker and cheaper process, without requiring attendance at Court. Depending on your circumstances, the Divorce process can take between 6 weeks and 6 months to go through.

Within 12 months of your divorce, you will need to commence your property settlement.

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Some common questions answered
Cost of divorce
Costs will depend on whether there is any dispute, if lawyers need to attend the court hearing, and the filing charge of the FCFOA (Federal Circuit and Family Court of Australia).

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Do I need to go to Court?
If only one member of the couple applies, or children are involved then you (or your representative) will be required to attend Court.

Do I need to provide reasons for the divorce?
The Court will only need to know that separation has occurred – not the reasons for it. There is no need to explain the reasons behind the breakdown in relationship; there is no set of acceptable reasons that you will need to demonstrate. Neither party to the divorce needs to prove that the other was at fault, or that they were not at fault.

When can I apply for divorce?
Before you can obtain a divorce, you will need to show that you have been separated for 12 months or more.

What happens to children after Divorce?
The Court is responsible for deciding on parenting arrangements for children at divorce. The Court is required to consider the best interests of the children. A major question for the Court will be who should have parental responsibility for them. Usually both parents will share this parental responsibility, unless a Court order decides otherwise.

What happens to my house after Divorce?
The divorce process itself isn’t concerned with property and assets. This is dealt with in the property settlement. After divorce there is a 12 month limit to bring proceedings for a property settlement if you and your ex-spouse cannot reach your own agreement out of court.

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Why ANNA & CO LAWYERS?

Cost Certainty

We provide our clients with certainty and transparency on our legal fees. Wherever we can, we will quote you a fixed fee, rather than charging you by the hour.

Fast turn around times

We will come back to you promptly with clear directions as to how we can help you and your matter. We prioritise communication with our clients to bring maximum efficiency into play.

Family law specialists

Our lawyers are family law specialists, and deal with these and related legal issues daily.

We can help you with any aspect of family law - including advice around divorce and separation, child custody, property and financial arrangements, financial agreements, and more.