Usually, parties who are involved in family law proceedings pay their own legal costs. However, there are exceptions to this. The Court may order one party to pay the legal costs of another.
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.
The most typical division, however, is a 60/40 split. This typically happens when one person makes more money while the other has a greater share of the obligation for caring for the children after the divorce, or may have a limited ability to earn money or less superannuation.
A solicitor commonly charges from $350 to $650 per hour. Barristers typically charge between $1,500 and $6,000 a day. You may also have to pay for other costs related to the legal proceedings, such as valuation costs or an accountant for valuing of the asset pool, complicated structures and asset protection schemes.
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. The alternative, done through a fair and equitable pathway such as Guided Separation, can cost as little as $4500 per person (including Court and filing costs).
If you want to avoid an expensive divorce, the biggest piece of advice is to figure out a way the two of you can work together. If you go to mediation and or use the Collaborative Divorce process, you can find agreement the issues without the expense of a courtroom fight.
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.
How long will it take? It will take at least 4 months to obtain a final Divorce Order (formally known as a Divorce Certificate), longer if there are difficulties in serving your spouse. You shouldn't plan a remarriage without allowing enough time for the divorce to be finalised.
Legal Aid NSW can give you free help with your divorce. Call the Early Intervention Unit (EIU) on 1800 551 589. The EIU provides free family law services in courts and community organisations throughout NSW. Call LawAccess NSW on 1300 888 529.
Yes, you can get a divorce without a lawyer.
To get a divorce without a lawyer, you must fill out and file an application for divorce form. These forms can be obtained from the Family Court of Australia's website, or you can file online using an interactive form at the Commonwealth Courts Portal, www.comcourts.gov.au.
The superannuation splitting laws allow separating couples to value and divide their superannuation after a relationship break down. Under the laws, one partner may split the amount remaining in their superannuation fund and make a payment to the other partner's superannuation fund after separation.
Are matrimonial assets split 50/50? No, this is a common misconception. It is not a rule that matrimonial assets be split 50/50 on divorce; however, it is generally a starting point. The court's aim is to divide assets in a way that is fair and equal, but this does not necessarily mean half and half.
Australia is an equitable distribution country, meaning that on the divorce or death of a spouse, net wealth is not split evenly (i.e. 50/50) as “community property”.
Spousal support may be litigated during a divorce, legal separation or even a nullity case, at the conclusion of the divorce or legal separation, or anytime after the conclusion of a divorce or legal separation case so long as the court has retained the power to order spousal support.
Although no one is automatically entitled to spousal maintenance, there is a common-law duty imposed upon all spouses to support one another during and after any marriage or civil partnership. Who, if anyone, has to pay spousal maintenance will depend on each individual couple's financial situation.
Ideally, all assets should be divided out between you and your husband or wife. This includes the marital home, even if only one individual contributed to its purchase or acquisition. The division of assets is usually based on the financial needs of each person.
This used to be called making 'custody' or 'contact' arrangements. These terms are no longer used in Australian family law. There is no rule that children must spend equal or "50:50" time with each parent.
When can I remarry? You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing).
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.
Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.
Yes. When it comes to real property, courts can order a sale. This is actually quite common, especially now, when many couples are facing difficult financial times.
How Does This Apply To A Short Marriage Property Settlement? The length of a marriage affects the way the court assesses the contributions of each party to the relationship. The principle that non-financial domestic contributions are roughly equal to financial contributions may not apply to short marriages.
In terms of how much either spouse is entitled to, the general rule is to divide pension benefits earned during the course of the marriage right down the middle. Though that means your spouse would be able to claim half your pension, they are limited to what was earned during the course of the marriage.