Divorce

Going through Divorce is often an emotional process following separation. However Divorce is also an important legal process to formally end a marriage.

If you are considering or need assistance with Divorce, it is important to also obtain advice in relation to Parenting Arrangements or Property Settlement issues that you may need to consider after your separation.

At NLS Law, we direct you through the process with clear guidance and compassionate support. We help you prepare and lodge the application and make sure all requirements are met, from filing the right paperwork to serving the documents to your former partner. Our experienced family lawyers keep you informed at every step, so you always know what to expect.

Requirements for Divorce in Australia

To apply for a divorce, you need to consider a few key requirements:

12 Months Separation
Generally, you and your spouse need to have been separated for at least 12 months with no reasonable likelihood of reconciliation. Whilst it can be possible to be separated and still living in the same home, it is particularly important that you obtain advice if this is your circumstance specifically.

Jurisdiction
Either you or your spouse should be legally connected to Australia. This means at least one of you is an Australian citizen, or is domiciled in Australia, or has ordinarily lived in Australia for at least 12 months immediately before filing.

Marriage Certificate
It is important to provide a copy of your marriage certificate as evidence of the marriage. If it’s not in English, you need to consider the requirements of the Federal Circuit and Family Court of Australia (FCFCOA).

If you have been married for less than two years, the Court may also require further information and documents such as a counselling certificate or special permission to proceed. Additionally, if there are children of the marriage under 18, the court will need to consider that proper arrangements have been made for their care. This doesn’t mean all parenting arrangements and issues must be fully resolved and our experienced solicitors at NLS Law can assist in providing you with the required advice about circumstances surrounding your separation and divorce.

How the divorce process works

NLS Law aims to make the process of getting divorced as smooth as possible for you. Our family lawyers will guide you through each step, which typically includes:

Preparing the Application
We help you gather the necessary information and complete the divorce application (usually completed online through the Commonwealth Courts Portal). It is also important to consider whether you are preparing and filing a Sole Divorce Application or Joint Divorce Application. At NLS Law we ensure the Application is accurate and all required details are provided, so you avoid delays.

Filing with the Court
We lodge the application in the Federal Circuit and Family Court of Australia (FCFCOA) on your behalf. A filing fee is payable to the court at this stage (we will advise you of the current fee and any possibility of reduction if you hold certain concessions). Once filed, the court will allocate a hearing date for your divorce.

Serving Divorce Papers
It is important to consider whether arrangements need to be made to formally serve the divorce documents on your spouse. When required, we manage this step for you by arranging service in the correct legal manner, typically by engaging a professional process server to hand-deliver the documents. We then assist with filing the relevant documents with the Federal Circuit and Family Court of Australia regarding service.

Attending the Court
Our lawyers are experienced at providing you with advice and representation throughout the court process, including any required Court events, such as the Divorce Hearing.

Divorce Order Issued
After the court is satisfied that all requirements are met, it will be able to grant a Divorce Order. Generally, this Order becomes final one month and one day after the hearing. We will provide you with the divorce order paperwork once it’s finalised, officially confirming that you are legally divorced.

Throughout this process, NLS Law handles the legal details and filing paperwork on your behalf and in accordance with your instructions. We keep you informed of progress and any upcoming steps, so you’re never left wondering what’s happening or what to do next.

Costs and fees

NLS Law will always be transparent when it comes to costs; getting a divorce involves a few different fees:

Court Filing Fee
A standard fee payable to the Federal Circuit and Family Court of Australia (FCFCOA) when the application is ready to be filed. We will inform you of the current amount and whether you might be eligible for a reduced fee.

Service Fees
If we need to engage a process server to ensure your former partner is served with the documents, a separate fee will apply for that service. We’ll discuss this with you if it’s needed, and only use professional servers who are efficient and reliable.

Legal Fees
These are the fees for the professional services we provide – advising you, preparing documents, and managing your case through to completion. NLS Law will give you a clear estimate of legal costs at the outset and keep you updated, so there are no surprises. We strive to handle divorce matters efficiently to keep them cost-effective for you.

All fees and costs will be discussed during your initial consultation, where we will answer all of your questions.

Moving forward

Divorce proceedings formally end the legal relationship between you and your spouse. It does not resolve other issues such as Property Settlements or Parenting Arrangements for children. These matters are dealt with separately and it’s often wise to seek legal advice early, as they can be negotiated and filed in court either before or soon after Divorce. NLS Law has expertise in all areas of family law, so we can seamlessly assist you with property division and child-related matters alongside your divorce.

We understand that taking steps toward Divorce can be daunting. Our role is not only to handle the legal aspects, but also to provide you with guidance, advice, and reassurance during what can be an emotional time. You will have direct access to our experienced team for any questions or concerns along the way. We take pride in being approachable and responsive; you will feel supported throughout the process.

If you are considering a divorce or if you are ready to start the process, NLS Law is here to assist. We combine understanding, efficiency, and expertise to make the process as smooth as possible for you. Contact us or Book Online to schedule your Initial Consultation and take the next step toward a new chapter with confidence that your legal matters are in capable hands.

Getting Started with an Initial Conference

Contact us today to schedule your initial consultation and take steps toward obtaining advice that gives you clarity and certainty about your matter. An initial consultation allows NLS Law to advise you specifically to your circumstances. During this consultation, we assess your situation, explain your options, and outline the next practical steps toward resolution.

Book an initial conference with NLS Law for $550 (incl. GST).