A divorce party is when you celebrate your divorce with a party or event. It is one of those ideas that you either love or you think is in poor taste. Either way they are becoming increasingly popular in Australia.
While it certainly isn’t everyone’s cup of tea, depending on the reasons for your divorce, it may be an empowering experience. The celebration of a new beginning and a fresh start.
Now that we have your attention – here are 10 other facts about divorce in Australia that you may not have been aware of.
Fact 1: You don’t actually need a lawyer
Divorce is essentially an administrative process. You are perfectly entitled to apply for a divorce without using a lawyer.
The reason why a large portion of couples engage a lawyer is because they are also seeking to negotiate matters about kids (parenting orders) and matters about property and finances (property orders).
Fact 2: You must be separated for 12 months before applying for a divorce
You cannot file your ‘Application for divorce’ until you have been separated for 12 months.
Fact 3: There is only one basis for divorce in Australia
The only basis for obtaining a divorce in Australia is ‘the irretrievable breakdown of a marriage’.
The fact that someone cheated on their partner or abandoned their family is heartbreaking for the person on the receiving end. It is not, however, a consideration on the question of divorce.
The way your prove the ‘irretrievable breakdown of a marriage’ is by being separated for 12 months.
Fact 4: Divorce does not include property or children
Family Law can be broken down into three (3) main areas: divorce, children and property – all of which are separate issues.
Divorce itself does not include orders about property or children. Divorce is only about the legal ‘dissolution’ (ending) of a marriage.
Orders about children can include informal parenting arrangements, parenting plans, consent orders or parenting orders.
Orders about property can include informal orders, consent orders, financial agreements or property orders.
Orders can also be privately made in respect to child support or maintenance.
Fact 5: How much does it cost?
As at 2020, the court fee to file an “Application for Divorce” is $910. This is the amount which goes straight to the court.
Lawyer costs will be in addition to this if you choose to engage one.
Fact 6: You may not need to go to Court
If you both agree to the divorce and there are no children to the relationship then you wont usually need to attend court.
Fact 7: Marriages less than 2 years.
If you have been married less than 2 years you will be required to file a counselling certificate with your Application for Divorce (unless one of the exceptions apply).
Fact 8: Separating under the same roof
It is not uncommon for people to separate but remain living under the same roof. There are many reasons for this but two of the most common reasons are finances and also to make parenting easier.
If you do decide to separate but live under the same roof, you should make sure you document the date of separation as you will be required to file an affidavit to establish your separation date.
Fact 9: What documents do you need?
To file your Application for Divorce you will need:
Your Marriage Certificate.
Completed Application for Divorce (from the Family Court Website).
A counselling certificate (marriages less than 2 years).
Affidavit (if you have been living separate under one roof).
Fact 10: When will your divorce become final?
Your divorce will become final one month and one day after your hearing is finalised.
If you need help with divorce or other family law matters on the Central Coast, then Coastal Lawyers can help.
We always recommend that you get legal advice BEFORE you commence the separation process where possible.
This is why we offer a free 15 minute discovery call so you can discreetly confirm your legal position before
WHO ARE COASTAL LAWYERS?
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance.
Written by Kristal
Principal Lawyer & Founder of Coastal Lawyers
Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).
Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence.
Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu".
DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.