Fixed professional fees Application for Divorce - $990.00 including GST.

1. You must be separated for at least 12 months, before filing the Application for Divorce. Separation can include periods living separated, but still under the same roof; and
2. You need to be married for at least 2 years before you can file an Application for Divorce unless:
   • you have obtained a counselling certificate evidencing that you have attended counselling with a family counsellor and discussed the possibility of reconciliation; or
   • if you have not attending counselling (because there are proper reasons for not doing so, for example domestic violence/family violence), you can make an application to the Court and seek permission to waive the requirement to be married for 2 years, before filing an Application for Divorce.
3. Once a Divorce Order becomes final, you have 12 months to file an Initiating Application seeking a property settlement.

Sometimes the separation date is clear. This is usually the date that one party communicates to the other that the relationship is over. In some cases, it isn’t obvious.

Separation is difficult, and it is not uncommon for one party to end the relationship, reconcile for a while and then end the relationship again. If this is you, don’t worry, you are not alone. However, you should seek legal advice as soon as possible.

People often mistake their separation date for the date one party moved out when, in fact, the parties separation date may be much earlier, and they remained living separated under the same roof for a period.

1. Separation occurs when one party tells the other that the relationship is over. Sometimes it will take some time for one party to find alternate accommodation and move out. During this period, married couples are considered to be separated but living under the same roof.
2. When filing an Application for Divorce after 12 months of separation, if you remained living under the same roof for any portion of your separation, you need to file additional documents with the Application for Divorce to demonstrate that you have been living as separated couple even though you remain living under the same roof. For example:
   • You no longer attend family events as a couple;
   • You have maintained separate sleeping arrangements since separation; and

• • You maintain separate finances; and

• • You each cook your own meals, do your own laundry.

The above are just examples. There is no requirement to satisfy each of these criteria. Everyone’s situation is different.  The Court just needs to be satisfied that you have been separated for 12 months.

You can apply for a divorce in Australia if either you or your spouse:

1. Regard Australia as your home and intend to live in Australia indefinitely;
2. Are an Australian citizen by birth, descent or by grant of Australian citizenship; or
3. Ordinarily live in Australia and have done so for 12 months before filing an Application for Divorce.

If you were married overseas, and if your marriage would be considered a legal marriage if it had taken place in Australia, then, your marriage will be recognised in Australia.

If your marriage is recognised in Australia, you will be able to file an Application for Divorce provided that you have been married for 2 years, separated for 12 months and meet the Geographical Requirements.

Same sex marriages have been recognised in Australia from 9 December 2017.

Couples married in Australia from 9 December 2017 are able to apply for divorce provided they meet the criteria to be eligible (married 2 years, separated 12 months and geographical requirements).

If you are in a same sex relationship and married overseas prior to 9 December 2017, provided your marriage is recognised as a valid overseas marriage and you meet the criteria to be eligible for divorce, you can also apply for divorce in Australia.

No! The Family Law Act 1975, provides a system of “no-fault” divorce, so the Court does not consider why the marriage ended.

A Divorce Order becomes final 1 month and 1 day after the Divorce Hearing date.

The validity of a Will is affected once the Divorce becomes final and parties who have been divorced should seek legal advice about updating their Will.