DIVORCE &
SEPARATION FAQ
Frequently Asked Questions About Divorce
Below are general answers to some of the most frequently asked questions we get asked about divorce and separation. These answers are designed to help you understand the divorce and separation law and process in the early stages.
Do I need a family lawyer for my separation or divorce?
If you are considering separation or divorce, legal advice should be sought. A lawyer can help provide a proper understanding of your legal rights and responsibilities, and discuss how the law applies to your specific situation. Seeking a family lawyer during your separation or divorce may also result in an out of court agreement to be reached with your former partner.
How much will a divorce lawyer cost?
The fees of a divorce lawyer may vary depending on your circumstances, however, a filing fee of $900.00 will apply for the Application of Divorce. You may be eligible for a reduced filing fee if you are a concession holder, or if you apply for a reduced fee due to your financial hardship.
Do I have to pay/can I receive spousal maintenance?
A Grant of Divorce does not automatically determine issues involving children and/or spousal maintenance. These issues are separate, and can be organized before, during or after your Divorce has been granted. You have 12 months to make an application for maintenance once your Divorce has become final. We can assist you with filing an application for maintenance, in relation to both spousal and children.
Which settlement option is best for me?
What if my ex-partner does not expose all our assets & property?
How to keep a divorce settlement amicable?
How long does an average settlement take?
How long does an average divorce take?
If there are no difficulties in serving your former spouse with the Divorce Application, it will take at least 4 months to obtain a Divorce Order.
How can I minimise the potential traumatic effect on our children?