Divorces

At JosephDavid Lawyers, we charge a fixed-price for Divorce Applications for our professional costs, as follows:

• $990.00 incl GST for Divorces where there are no children under the age of 18 years old; or
• $1,320.00 incl GST for Divorces where there are children of the marriage under the age of 18 years.

The reason that there is an additional charge for the professional fees where there are children of the marriage is because the Court requires an appearance by the Lawyer on behalf of the Applicant party, to address the Court that adequate measures have been put in place for the provision and care of the children.

Court Fees
The Court Fees for Divorce Applications are listed on the FCFCOA Court Website.

The current fees are $1,100 for a full-fee Divorce or $365.00 if the Applicant has a Centrelink or HealthCare card.

The Court Fees are in addition to the Professional Fees.

Process Service Fees
If the Respondent party does not sign the Acknowledgement of Divorce form freely, we may also be required to arrange for personal service of the Court Documents on the other party.

We engage licensed process servers to undertake the service requirements, to ensure full compliance with the Act and to make sure the Divorce Application is granted as expeditiously as possible, without delays.

The approximate cost is about $200 if process service is required.

Further Information relevant to Divorces

Grounds for Divorce – Section 48

Under the Australian Family Law Act (1975) Cth, there is only one ground for a divorce, being that prescribed in Section 48 of the Act – the marriage (whether officiated in Australia, or overseas), has broken down irretrievably. Proof of the break-down is established if, and only if, the parties have been separated for a continuous period of at least 12 months, before filing the Application for Divorce.

Separation Under One Roof – Section 49

The 12-month period of separation may include a period of separation ‘under one roof’, where the parties have not physically found separate residences, but that would need to be established by further affidavit proof by the Applicant for the Divorce and at least 1 other person to corroborate the separation under one roof.

Periods of Attempted Reconciliation – Section 50

If, during the 12-month period of separation, the parties attempted reconciliation, but separated before 3 months of that period of attempted reconciliation, the 12-month period can include the attempted reconciliation. Where, however, the period of reconciliation is 3 months or more, the 12-month period of separation is re-set to start from the end of the period of attempted reconciliation.

Consequences of a Divorce

Many people are unaware that a Divorce or a re-marriage invalidates pre-existing Wills. If you are looking to secure a Divorce Order or are considering marriage, it is important to ensure that your Wills are updated (or made with the prospective Divorce/marriage included as an express term in the Will), to make sure they are valid and effective.