A separate process from property settlement or parenting orders, getting a divorce is usually a quick and easy process.
You can apply to the Federal Circuit Court, which has jurisdiction over family law matters, to end your marriage. The only requirement is that you and your spouse have been separated for at least twelve (12) months, with no likelihood that you will reconcile. The twelve-month separation is what demonstrates that the marriage has irretrievably broken down and it is the only ground for divorce. There is no shortcut.
In most cases, getting a divorce is a fairly straight-forward process –
you often don’t even need a lawyer!
Getting divorced is something people often do after they’ve resolved their property settlement and/or children’s matters. A divorce application is entirely separate from those processes, even though they’re all handled by the Federal Circuit Court of Australia and/or the Family Court. It is important to note that getting a divorce triggers the limitation period on property settlement and spousal maintenance applications – you must commence an application for financial orders within twelve months of your divorce becoming final.
In some cases, getting a divorce can get a little bit complicated, for example, if your former partner disputes the date of your separation, or if the circumstances of that separation are not straight-forward. Or, you may simply not want the hassle of doing it yourself! In any case, we would be pleased to assist you to finalise your divorce and move on with your life.
Separating and getting divorced can also have a significant impact on your will/estate and succession matters. One such example is any real estate you might own with your former partner. If this property is held as joint tenants, then upon your death, your interest in that property will automatically pass to the other joint tenant regardless of what it says in your will. If you do not have a will, and die whilst still married, some or all of your property in Queensland will likely pass to your spouse pursuant to the intestacy provisions of the Succession Act 1981 (Qld).
An experienced family lawyer can help you consider all these issues and complete the divorce process quickly and efficiently.
We charge a fixed-fee of $990, including GST, for a straight-forward divorce application provided that if you have children under 18, adequate arrangements have been made for their care. In addition to our fees for preparing and lodging the application on your behalf, the Federal Circuit Court charges a filing fee, currently $900 (or $300 if you qualify for a reduction). The total amount payable would be $1,890, plus a bank surcharge if paid by credit card.
If you have been married less than 2 years, if your spouse opposes the application, if your spouse can not be found to be served with the application, or if you were separated under the one roof, then we unfortunately cannot offer you the $990 fixed fee. Each of these circumstances require the filing of additional evidence in support of your application but we’d be happy to provide you with a revised fee based on your specific circumstances.
We are hoping to shortly have an online divorce questionnaire that will allow us to quickly and easily assist you, but in the meantime, please use our contact form to get in touch and we’ll take your instructions the old-fashioned way!