Divorce file

Top 10 frequently asked questions about Divorce - Part 2

Lauren Maddalena

There are many misconceptions surrounding Divorce in Australia. Following on from our last blog, Top 10 Tips for Divorce here we present part 2 of our 2 part series about the top 10 frequently asked questions about the divorce process through the Australian Court system.

6. Do I have to go to Court?

If you and your spouse are making a joint Application you are not required to attend Court. The Court will make the Orders in your absence.

Similarly, if you are making a sole Application but you have no children under the age of 18 then you are not required to attend Court.

If however, you are making a sole Application and you and your spouse have children that are under the age of 18 then you will be required to attend Court.

7. How long will the process take?

Once your Application is filed with the Federal Circuit Court it will be given a hearing date. The hearing date is generally listed anywhere from 6 weeks to 4 months after the filing of your Application depending on the Court’s availability.

Once your Divorce Order is granted by the Court your Divorce Certificate will be sent out approximately 5 weeks later.

8. When can I get married again?

Your Divorce Order comes into effect 28 days after being granted by the Court. This means that you are free to get married again approximately one month after your Divorce Order is granted.

9. Do I have to pay a fee to get divorced?

Yes, there is a fee payable to the Family and Federal Circuit Court when an Application for Divorce is filed. Currently, that fee is $900.00 however this amount does change each year.

If you are filing a joint Divorce Application, you and your spouse may choose to split this fee with each of you paying half of the fee. Alternatively, if you are making a sole Application, you may choose to pay the entire filing fee.

10. What if I have more questions about the Divorce Application process?

You can visit the Federal Circuit Court website at www.federalcircuitcourt.gov.au for more information on the Divorce process, service of documents and filing fees. Alternatively you should speak to a qualified Family Law Solicitor to assist you with obtaining a divorce.

We hope you have found our Tips for Divorce useful, if you are going through a Divorce or would like to know more about getting a Divorce you can contact Amy Jenkins, head of Russell Kennedy Lawyers’ Family Law team on (02) 8987 0000.

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