Separation
Stages of separation
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life.
What you need to consider
If you separate, you and your former partner will need to make some immediate decisions about practical issues about your children and your assets. You may not be able to agree on all these things at the time of separation, but it can greatly help you and your family if you try to reach a temporary agreement.
At this stage it is a good idea to get legal advice. Some of the things you need to consider are:
- where your children live and who will take care of them
- how you and your former partner will support yourselves and your children
- what, how and when you will tell the children, other family members and friends
- who will pay outstanding bills or debts
- who will stay in the house
- how will the rent or mortgage be paid
- what will happen to any joint bank, building society or credit union accounts
- what will happen to the house, car, furniture and other property.
Divorce
Applying for a divorce
We can act for you in your Divorce.
The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.
What will a divorce cost?
You will need to pay a fee of $432 or request an exemption or waiver of the fee by filing an Exemption form or an Application for Waiver of Court Fees form. This fee is set by regulation and is generally only adjusted every two years.
The fee does not apply in some cases; for example, if you hold certain government concession cards or you are experiencing financial hardship. To be eligible for a fee exemption or waiver for a joint application, both you and your spouse must qualify for the exemption or waiver. If only one spouse qualifies for the exemption or waiver, then the full fee applies.
If you would like us to help you with your divorce application please contact us.