Divorce

Overview

Applications for divorce are submitted independently from other family law matters. The process does not require involvement in related proceedings such as property settlement or parenting arrangements.

Self-Representation and Application Process

• Most people who apply for divorce do so without legal representation. Please see our DIY section.
• Parties are generally encouraged to handle the application themselves.
• The process for applying for divorce is relatively straightforward.
• Hearings are usually attended by telephone.
• Attendance at the hearing may not be required if there are no children involved.

Requirements for Divorce

• The applicant must demonstrate that the marriage has broken down irretrievably.
• One party must have notified the other about the intention to seek a divorce.
• The couple must have been separated for at least 12 months before applying.
• Divorce applications do not need to prove “fault” by either party .
• The applicant only needs to prove that the marriage has broken down irretrievably, and that it was notified between them. However, the expensive filing fees, currently $1125, seem punishing!
• The applicant should check if he/she is exempted from the maximum fees. Current Family Law guidelines for reduced application fees.
• Often, parties make joint applications for divorce and share the cost of the filing fees.

Support with Complicated Cases

Our specialist family lawyers are available to assist when the divorce process becomes more complex, such as:

• Issues with serving documents to the other party, which may require an application for substituted service.
• Cases where the applicant claims that part of the separation period occurred while both parties lived under the same roof. This situation necessitates corroborating evidence.
• Situations where the other party disputes the divorce application.