How to Apply for Divorce in Australia

How to Apply for Divorce in Australia

by | May 15, 2024 | Divorce

To apply for a divorce in Australia, you generally need to:

Eligibility:

Ensure you meet the eligibility criteria, including having been separated for at least 12 months.

Application Form:

Complete the Application for Divorce form, which can be obtained from the Family Court of Australia website.

Supporting Documents:

Gather supporting documents such as your marriage certificate and, if applicable, documents relating to children, finances, and property.

Filing:

Lodge the completed form and documents with the Family Court or Federal Circuit Court, along with the filing fee (unless you’re eligible for a fee reduction or exemption).

Service of Documents:

If applying on your own, serve a copy of the divorce application on your spouse. If applying together, you both sign the application.

Waiting Period:

Wait for the court to process your application. The divorce is not final until one month and one day after the court grants the divorce.

Divorce Order:

Once granted, the court will send you a divorce order. Keep this document, as you may need it for future legal matters.

Disclaimer:

Note that this is a general overview, and it’s advisable to seek legal advice for your specific situation. Did you know that at Coastal Lawyers we offer a fixed fee divorce. Simply book in a free 15 minute clarity call online today.

Written by Coastal Lawyers- Central Coast Family Lawyers

Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.

Book online today!
Fixed Fee Divorce Central Coast

Fixed Fee Divorce Central Coast

by | Nov 23, 2022 | Divorce, Family Law

3 Facts about divorce

So many people put off their divorce. (Just like making or updating their will).

But @coastallawyers we offer a fixed fee divorce and fixed fee estate planning packages.

You see getting divorced and updating your estate planning is like shoes and socks. This is why rather than putting it off, we offer our clients the ability to pay it off.

Did you know 1:

Divorce is seperate to property settlement (both being distinct legal processes under the Family Law Act)

Did you know 2:

You should ALWAYS update your estate planning documents upon separation and also upon divorce (the Succession Act 2006 NSW makes that very clear).

Did you know 3:

Once your divorce is granted you only have 12 months to finalise your property settlement unless you have leave of the court or have consent of the other party (Section 44 of the Family Law Act 1975).

Book in a free 15 minute chat online to find out more about our fixed fee divorce and estate planning packages.

BOOK NOW

5 ways to survive divorce

5 ways to survive divorce

by | Aug 1, 2022 | Coastal Lawyers, Divorce

There is a reason they write so many love songs about break ups. They absolutely suck. But being family lawyers we also see so many wonderful clients thrive after separation.

Our 5 bigs observations from clients who don’t just survive divorce but thrive are:

They have Besties

Having a good support system that you can call or hang out with on those tough days is invaluable.

They make time for their physical health

A regular exercise routine, even if it’s just a regular walk after school drop off or in your lunch break is great for your mind, body and spirit.

They prioritise their emotional health

Looking after your mental and emotional health is crucial.

Finding someone you connect with to help you navigate the emotions that naturally flow from a breakup is critical.

Whether it’s traditional therapy or alternative therapy like reiki, find the combination that works for you.

They engage in legal advice and create a plan

Early legal advice is often crucial to your success.

This is why at Coastal Lawyers we offer an obligation free Strategy Session for $330, so you can get answers to all those legal questions you naturally have after separation.

Seeing a lawyer shouldn’t be scary, it’s just part of your separation toolkit.

Many clients come to us before separation, after separation and then many months later when they need help documenting their agreements or where negotiations may have failed and they need a hand.

They have a positive mindset

There will be days or weeks that feel heavy and hard but a positive mindset and embracing a growth mindset will win every day and keep you focused on the exciting new future that awaits you.

Because there are no accidents in life and these are all learnings.

Book in a free 15 minute discovery call online now

How do you apply for a Divorce?

How do you apply for a Divorce?

by | May 30, 2022 | Divorce, Family Law

Overview:  How do I get a Divorce?

Divorce is not about Property Settlement. 

Divorce is not about Parenting. 

Divorce is about the legal dissolution of a marriage (very unromantic compared to the wedding event which creates a marriage). 

Divorce is very much an administrative process in the eyes of the law (although it sure doesn’t feel like it for anyone living it). 

The Law:

The process for obtaining a divorce is governed by legislation (the law). Including:

  1. Part VI of the Family Law Act 1975 (Cth) (The Act) and;
  1. The Family Court and Federal Circuit Court Rules 2021 (The Rules) and;
  1. Practical Guidance is also provided by the Central Practice Direction and Practice Direction ‘Divorce Proceedings (FAM-DIVORCE).

When can you file for divorce?

Either party to a marriage can file for divorce once the jurisdictional question in section 39[1] and the legislative test in section 48 have been met.

What are the reasons for a divorce in Australia?

Australia has a no-fault divorce concept.

This means that if someone has an affair or one party is at fault for the breakdown of the relationship, this is not relevant to the question of whether a divorce should be granted.

Separation is defined under section 49 of the Act and makes it clear that “parties to a marriage may be held to be separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties”.

The legal test for a divorce application being brought is set out in Section 48 of the Act. Being:

  1. Has the marriage broken down irretrievably[2]?
  1. The court determines whether a marriage has irretrievably broken down when the parties separated and lived separately and apart for a continuous period of not less than 12 months[3]?

If the court considers that there is a reasonable likelihood of cohabitation being resumed, then the court will not make the order for divorce[4].

Family Law Time Limits:

You only have 12 months[5] from the date of divorce to finalise your property settlement or maintenance request unless you have the consent of the other party or leave of the court. It is crucial that you obtain legal advice in respect of Property Settlement before proceeding with your divorce.

 

Children under the age of 18 years old:

If there are children under the age of 18 years old to your marriage, the court will need to be satisfied that there are suitable care arrangements in place for the ‘care, welfare and development of the children[6].

Do you need help?

If you need help with your application for divorce then Coastal Lawyers can help. We offer a fixed fee divorce process to make the process of getting your divorce, stress free and certain in terms of your legal fees.

 

Book in a free 15 minute call to discuss your divorce today.

 

[1] Section 38 Family Law Act 1975 (Cth) there is jurisdiction if either spouse at the time of filing is an Australian citizen, domiciled or ordinarily resident in Australia.

[2] Section 48(1) Family Law Act 1975 (Cth)

[3] Section 48(2) Family Law Act 1975 (Cth)

[4] Section 48(3) Family Law Act 1975 (Cth)

[5] Section 44(3) Family Law Act 1975 (Cth)

[6] Section 55 Family Law Act 1975 (Cth)

Written by Kristal

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”. 

 

Disclaimer: Because would we even be lawyers without one? 

  • This article is not legal advice and has been prepared as a resource to assist members of the community and legal profession who wish to have an understanding of a particular area of the law.
  • You should always undertake your own research and/or consult with a lawyer to ensure that the information is up to date and relevant to your case.  
  • In addition, the blog post refers to the law as current at a particular date. The law is changing regularly and accordingly, you should always refer to the legislation applicable at the time . 
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Free 15 minute discovery Call!

If you are still not sure then book in a free 15 minute chat with our office to find out how we can assist.  

The person with the higher level of consciousness has the responsibility to lead

by | Mar 2, 2022 | Coastal Lawyers, Divorce, Family Law, Parenting

“The person with the higher level of consciousness has the responsibility to lead”

Wow! Just wow!

This Kerwin Rae quote really rang true to me particularly for my family law clients.

Kerwin was discussing how important boundaries are.

Boundaries after separation are even more significant or important because by setting boundaries then we teach people how to treat us.

We show people what is and isn’t acceptable behaviour.

We take control of what the new “normal” will look like.

Often when couples seperate they are not at the same “stage” in the process.

I have talked before to so many of my clients about how experts compare the separation process to the grieving process.

• Shock and denial
• Pain and guilt
• Anger and bargaining
• Depression
• The upward turn
• Reconstruction and working through
• Acceptance and hope

Anyone who has been through a separation can probably really relate to the above waves of emotion.

So the next time you a navigating different areas of your separation, take a moment to consider how you can control your actions and behaviours because we all know we can’t control anyone else’s.

And if you need help with your separation then you can always jump online and book a 1 hour strategy session.

Parenting Arrangements: What are my options?

Parenting Arrangements: What are my options?

by | Mar 17, 2021 | Coastal Lawyers, Divorce, Family Law, Parenting

Parenting Arrangements – What Are My Options?

Navigating the break down of a relationship or a marriage is stressful. But like anything, when you add kids into the mix it can become even more complicated.

You might have heard that there are a few different kinds of parenting arrangements that can be put in place after the breakdown of a relationship. 

You might have had well meaning advice from others who have walked the path before you.  “Get court orders”. Where is your parenting plan? “You will have to go to Court”. You head may be spinning with all the options.

Well in this post Coastal Lawyers, sets out simply what the main types of parenting arrangements are. 

To help you understand the options that you have, we’ve weighed in on some of the individual positives and the drawbacks of each alternative. I mean who doesn’t love a good ‘pro’s and con’s list’.

The 4 types of parenting arrangements are: 

  1. Informal Arrangement;
  2. Parenting Plan;
  3. Consent Orders; and
  4. Final/Court Orders.

 

Informal Arrangements

Parents are perfectly entitled to come up with their own arrangements for co-parenting their children after separation. There are no requirements for written agreements or orders from the court. These types of arrangements are best for parents who have positive communication skills, positive conflict resolution skills and equal ‘power’ in the relationship. 

PROS

  • Cheap;
  • Flexible; and
  • Less confronting than the formal legal process.

CONS

  • Requires positive communication and conflict resolution skills which are often lacking between separating parties; and
  • It is not enforceable if the other party breaks the agreement.
  • If one party is not reliable, it can mean the other party is constantly having to make last arrangements. 

 

parenting plan central coast

Parenting Plan

A parenting plan (alike an informal arrangement) is another type of private parenting agreement.

It is a little more formal though and must be in writing, signed by both parents and dated as per Section 63C of the Family Law Act 1975 (Cth).

PROS

  • Cost-effective
  • Has more certainty than purely informal arrangements because at least it is written down.

CONS

  • Not enforceable by a Court; and
  • Requires collaboration and agreement between separating parties which can be a challenge where communication is not positive. 

 

consent orders family lawyer central coast

Consent Orders

Consent Orders are an order made by the Court formalising the agreed terms of a parenting plan.

PROS

  • Court enforceable; and
  • The certainty of compliance or recourse if the other parent breaches (breaks) the arrangements. 

CONS

  • Inflexibility;
  • Court involvement; and
  • Requires collaboration and agreement between separating parties which can be a challenge sometimes depending on the dynamic of the relationship. 

 

family court orders central coast

Final Court Orders

In situations where there is no agreement between parents, Court Orders may be required. This is where the Court will make a decision upon parenting arrangements based on a number of considerations, including its paramount concern, which is in the best interests of the child or children involved.

 PROS

  • Court enforceable;
  • The certainty of arrangements 
  • Does not require agreement or collaboration between separated parties as the court will decide. 

CONS

  • Potentially lengthy and emotionally draining litigation process;
  • Inflexibility;
  • Significant legal costs and 
  • Because the court decides, the parents no longer have control over their parenting arrangements. One or both parents may not ultimately be happy with the orders made. 

As you can see, there is a lot to think about when it comes to parenting arrangements. At Coastal Lawyers, we aim to help parents come to agreements as to the arrangements of their children without the emotional stress and financial burden of going to Court. 

 

Do you need help?

We offer representation and legal advice in all areas of family law including divorce, separation, parenting property and maintenance.

We offer representation and advice at court in criminal law matters including local court, district court and supreme Court. 

Coastal Lawyers are on the Legal Aid panels for criminal law and family law and can represent eligible clients in legal aid matters. 

Book an appointment online with a lawyer now. 

Book Now
family law review coastal lawyers

DISCLAIMER (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.

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