Application for divorce To file for a divorce in Australia, you need to pay $940 to the court. However, you may be eligible for a reduced fee of $310. This is the minimum cost of any divorce.
What is the average cost of a divorce or separation in Australia? According to Money Magazine, the average cost is between $50,000 and $100,000 and can take up to 3 years if going through to Court.
A joint application is the easiest and cheapest way to get a divorce. You don't have to mess around with serving documents on your spouse and you can also share the costs. You have to pay the court a filing fee when you lodge your application for divorce.
If you're the one being served with an application for divorce then you generally won't have to pay any fees. However, if you want to oppose the divorce application or want to file a different order with the Courts, you will need to pay a fee to change the application.
In Australia, a divorce takes about four months before it is officially granted by the court. This time is calculated using the date you first filed your application in court until the date when a divorce order is issued by the court.
The Family Court of Australia has clearly outlined the division of assets and property. As a general rule of thumb, marital properties are divided in half. Each item will not necessarily be split in half, rather each spouse will get different contents. Assets are always aimed to be distributed equitably.
Applications for divorce should be eFiled online using the Commonwealth Courts Portal online form. This allows you, within the Court's secure website, to access your court file, the ability to eFile and access court orders 24/7. You may prepare your own divorce application or ask a lawyer to do it for you.
Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.
1. Domestic Violence or Emotional Abuse. Domestic violence is one of the most leading reasons for divorce in Australia. It is a serious issue that can have a significant impact on the lives of those affected.
You can get an application for divorce online from the Federal Circuit and Family Court website. You can apply for a divorce together (joint application) or on your own (sole application). If you are making a joint application you do not need to go to court.
While there is no definite formula to determine what a wife is entitled to in a divorce settlement in Australia, a final decision is made only after the court has heard all the evidence. Divorce entitlement is usually circumstantial, however, a property settlement made prior can have an effect.
Applying for a divorce
Australia has a 'no-fault' divorce system. This means you don't have to say or prove that someone has behaved badly to apply for a divorce. The easiest way to apply for a divorce is to complete an online application on the Commonwealth Courts Portal. You need to register to use the Portal.
Separation does not necessarily require physical separation; it is merely the result of breakdown of the matrimonial relationship. Divorce on the other hand is the formal dissolution or ending of a marriage in the form of a divorce order upon application to the Federal Circuit and Family Court of Australia.
What will happen to my super during a divorce or separation? Essentially, super is considered as property in the event of a relationship breakdown, so like any other asset it can be divided between partners by agreement or court order. This includes marriage or de facto relationships, both heterosexual or same sex.
In Case Of Divorce, Who Gets What, Australia? If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule.
Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is held in a trust. Superannuation splitting laws allow superannuation to be divided when a relationship breaks down.
Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation but no one can be forced to.
The amount of your entitlement will depend on the contributions (financial and non-financial) you have both made during the marriage/relationship, and other factors such as your income and earning capacity, your age and health and the length of the marriage/relationship.
You may be able to tell us online when you break up or separate from your partner. This will depend on the type of payment you get. If you can't tell us online, use the separation details form to let us know. You don't need your ex-partner to complete their part of the separation form.
Divorce is the legal end of a marriage (dissolution of marriage). Australia has 'no fault' divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage.
Women are more likely to initiate separation than men
Thirty per cent of separations were initiated jointly with 70 per cent of separations initiated unilaterally by either the husband or wife.