Joint Divorce Application – $898.00 Plus Court Fees

Amicable Divorce Solutions

Drafting Joint Divorce applications
Teams or Zoom witnessing of documents.
International Applications.
Affidavits for “living under one roof applications”.
Marriage certificate translations.

You are seeking an Amicable Divorce:

You would like assistance in filing your joint Divorce application.
You expect a fixed fee with a guaranteed outcome.
You want your Divorce done quickly.
You want to know it will be properly but to have as little to do with it as possible.

Kate Austin Family Lawyers will

Complete all the documentation within 24 hrs.
Manage all correspondence with the Family Court
Witness your Divorce application electronically.
We will update you on the progress of your matter.
Assist with “living together under one roof applications.”
Marriage certificate translations if required.
Assist with International applications.

A Divorce is not a property Settlement.

A divorce and a property settlement are different things. They are different processes completed in different sections of the Family Court.

If you obtain a divorce without a property settlement your former partner is still able to make an application in the Family Court seeking property.

Once you have completed a property settlement if doesn’t mean you are divorced. We recommend Consent Orders as a preferred means of finalising the financial relationship between a married couple. Until you are divorced you are unable to remarry.

Cost of a Divorce in Australia

The court fees for a joint divorce application are $1060.00. The fees charged by Kate Austin Family Lawyers are $898.00 for a divorce application.

Other possible fees include.

Marriage certificate translation – Cost as charged by the translator.
Affidavits for living together under 1 roof – $550.00 each.
General discussion about your application – Nil
Changes to your application after the first draft – Nil
requisitions from the Family Court – NIL
Video conferencing to witness signatures of affidavits or applicatiosn for divorce

Does the cost of a Divorce vary between states?

No – the cost does not change between states.

Family Law is a federal law, so it is the same process regardless of where you live or the court that you make your application in. We always file our divorces in Brisbane because of our familiarity with the court staff. It makes no difference to the validity of your divorce application where the divorce application is filed.

What are the requirements for a Joint Application for Divorce?

There are several requirements you need to satisfy to make an application for a divorce in Australia.

To be eligible for a joint application for divorce, you must satisfy one of the following four points.

You are an Australian Citizen by birth.
You have been granted Australian citizenship – we must provide evidence.
You have been residing in Australia for the last year.
You currently live in Australia and plan to continue doing so.

You need to have been separated for at least 12 months.

Australia has what is known as a no-fault divorce system. No-Fault means that you do not need to explain why your marriage has “broken down irretrievably” All that is required is to show that you have been separated for at least 12 months. Once you have established the date that you have separated, you’re free to make an application or a joint divorce 12 months after that date.

No possibility of the marriage continuing.

The family court must also be satisfied that your marriage has ended permanently. Unless it is certain, the court will not allow you to divorce.

Some other things that need to be considered.

Marriage Certificate.

You will need to provide a copy of your marriage certificate as part of your application for divorce. If you don’t have one, you can contact birth deaths and marriages in your capital city and pay for a new one.

You don’t have to be married in Australia, but you must provide a copy of your marriage certificate from the country you are married in. If that marriage certificate is not in English, we must get a court-approved translator for the divorce application. We can provide that service and will advise you of the associated cost.

Your Children

The Family Court wants to ensure that your children have proper arrangements for their welfare. It doesn’t mean you need to have court orders, but they will want to know who the children live with, who they spend time with, their financial support, health and education. Your divorce application must also include any children adopted in the marriage or any children treated as members of your family, and this includes foster children.

Separated but living under 1 Roof.

It is possible to be separated but still be living in the same house, which is known as separation under one roof. Living together may happen for a number of reasons, including financial reasons or the best interests of your children. It means that you can still progress with a divorce application. However, you will be required to demonstrate that you are not living as husband and wife. We do this by providing the family quarter with affidavits from both parties to explain the nature of their relationship.

Have you been married for more than two years?

If you have been married for less than two years, it is still possible to get divorced. You will need to attend some counselling to make sure that there is no possibility of your marriage continuing. You will need a certificate from the counsellor certifying that you have attempted conciliation. If this is your situation, please contact us, and we will step you through the process.

In summary

You must show that either your spouse or yourself can demonstrate that you are an Australian citizen or have lived here for the last 12 months.
You and your spouse have been separated for at least 12 months.
There is no chance you will stay in the relationship with your spouse.
A copy of your marriage certificate, either in English or translated.
Demonstrate that children have made proper arrangements made for them.
If you have been married for less than 12 months copy of a counselling certificate

How Kate Austin Family Lawyers work

We are a non-conflict Family Law firm and only deal with clients with agreements.
We treat all parties respectfully and expect our clients to do the same.
We do not take sides in our Family Law matters – if there is an unnecessary conflict, we will cease to act.
We’re accredited specialists in family law
We will do your Divorce quickly and efficiently. We can have the Application for you to review in 24 hours.
We will always fix our fees.

We only make joint applications for Divorce.

We only accept joint applications. If you and your former partner are not amicable, we are not the best firm for you.
We assist international clients. We are specialists in online legal services and especially Online Family Law.
Joint divorce applications cost $898 (including GST) + Court fees and s We can give you the precise cost right now. Enquire now from Sydney, Brisbane, Melbourne, VIC, or across Australia.
We’ll keep you in the loop and tell you what you need to do, but basically, get on with it.
We assist with video calls to witness your divorce application.

How Kate Austin Family Lawyers work

We are a non-conflict Family Law firm and only deal with clients with agreements.
We treat all parties respectfully and expect our clients to do the same.
We do not take sides in our Family Law matters – if there is an unnecessary conflict, we will cease to act.
We’re accredited specialists in family law
We will do your Divorce quickly and efficiently. We can have the Application for you to review in 24 hours.
We will always fix our fees.

We only make joint applications for Divorce.

We only accept joint applications. If you and your former partner are not amicable, we are not the best firm for you.
We assist international clients. We are specialists in online legal services and especially Online Family Law.
Joint divorce applications cost $798 (including GST) + Court fees and s We can give you the precise cost right now. Enquire now from Sydney, Brisbane, Melbourne, VIC, or across Australia.
We’ll keep you in the loop and tell you what you need to do, but basically, get on with it.
We assist with video calls to witness your divorce application.

Not convinced?

Give us a call and we’ll talk you through it.

If you’ve got other family law issues as well as your divorce, we’ll give you a 20-minute free phone consultation.

Let’s get started today!

Get Your Instant Divorce Quote

Divorce – The Basics

Getting a Divorce in Australia

Obtaining a divorce is a relatively simple process, provided that certain procedural requirements have been complied with. In order to obtain a divorce, you have to demonstrate the following:

Show that you were validly married. If you need more clarification, we will assist with this.
That the marriage has irretrievably broken down is established by demonstrating that the parties have been separated for a period of at least 12 months.

There are two other things that you need to demonstrate to the Court:

If the other person knows about the Application for Divorce, you do this by serving your spouse with a copy of the Application at least 28 days before the date of the Divorce Hearing.
That proper arrangements have been made for any children of the relationship.

Do I have to attend Court?

If there are no children under the age of 18, you don’t have to attend court for the Divorce hearing. Because all our matters are joint applications there is no need to attend in any case.

Applying for a divorce when you still live together

“Living together under the same roof”

Sometimes, whether or not the parties have separated is in dispute, and even the date of separation can be an issue in dispute. Communicating a separation in writing is a good idea, even if it’s just an email or text message. If you cannot prove you separated from your spouse at least 12 months before filing an Application for Divorce, the Court will not grant a divorce for you.

If there is a dispute about when and if a separation has occurred, an affidavit needs to address the following:

Demonstrate the parties separated their financial affairs following separation.
Explain if the parties performed domestic duties for each other after the date of separation.
Did the parties sleep in separate rooms, or were they intimate after the date of separation?
Whether a party lodged documents with Government departments evidencing a separation, i.e. Centrelink or the Australian Taxation Office.
Whether or not it was publicly known that the parties had separated, i.e. whether their friends and family knew

It is possible to live together in the same house but be considered separated. We may need to provide some affidavits to the Court to assist with this. Contact our office to discuss how we can help.

Reduction or Exemption of Court Fees for a Divorce

You may be eligible for a reduction in the court fees or an exemption if you meet specific criteria.

An applicant may be eligible for a reduced fee if they meet any of the following (note that if you have applied as joint applicants, you both will need to meet them):

Have you been granted legal aid;
Holds any of the following: healthcare card, pensioner concession card, seniors health card, or any other card that entitles the applicant to health concessions;
is an inmate of a prison or detained in a public institution;
is under 18;
Receives Youth Allowance, Austudy or ABSTUDY benefits.

If any of the criteria apply, you must tick the box in the online application for divorce and provide evidence.

If you are not applying online, the evidence, application and the form called application for reduction of payment of divorce or decree of nullity – general will need to be submitted.

If the above doesn’t apply, you may still be eligible for a reduction if payment of the fee would cause financial hardship. It will be up to the court to decide based on several factors, such as your income, assets and day-to-day expenses. If you believe this applies, you will need to submit the application form for reduction of divorce payment or decree of nullity – financial hardship.

You may be eligible to have the fee waived if you meet the above criteria, are an Independent Children’s Lawyer, or can prove financial hardship.

If you think this applies, you must complete an application for exemption from fees – general form or visit the court and file a document called application for exemption from fees – financial hardship with your application for divorce.

A Divorce is not a Property Settlement

Please remember that applying for a divorce is not a property Settlement. There is a limitation period after your divorce is granted of 12 months. Having said his it is quite a simple process to “seek leave” and request that you be allowed to make application to the Family Court.

Please do not rely on this 12-month rule believing that your former partner.

A divorce application is the deregistration of your marriage, and a property settlement is the finalisation of your financial relationship.

How long does the divorce take?

Joint Application

To draft your divorce application – 24 hours
To sign your application via Zoom – the client determines this step
File application with the Family court – same day
Court date (varies due to court demand) – 7 weeks
Divorce becomes absolute – 1 month and one day

Total time approx. 3.5 months

Consent Orders and Divorce Application

Quite often at Kate Austin Family Lawyers we manage both of these processes at the same time. Clients find it easier to address both issues simultaneously which tends to speed up the process reduce the costs and insure a satisfactory outcome.

While the Divorce Application at self is not overly complex clients do appreciate the convenience and simplicity of finalising all of these issues at the same time. If you would like to discuss Consent orders with us please contact our office. Our fees for a consent order are listed here.