There are many misconceptions surrounding Divorce in Australia. In this two part blog series we…
The top 10 frequently asked questions about divorce – Part 2
There are many misunderstandings surrounding Divorce in Australia. In this blog we present part 2 of our series about the top 10 frequently asked questions about divorce through the Australian Court system.
Here we take a look at the remaining 5 questions:
6. Do I have to go to court?
If you and your partner 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 and you do not have 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 partner do 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 usually 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 made 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 made by the Court. This means that you are free to get married again approximately one month after your Divorce Order is made.
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. At the moment that fee is $900.00 however the amount does change each year.
If you are filing a joint Divorce Application, you and your partner may want to split this fee with each of you paying half of the fee. Alternatively, if you are making a sole Application, you may be forced 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, how to serve the divorce documents and filing fees. Alternatively you can speak to a qualified Family Law Solicitor to assist you with your divorce.
Article provided by Aitken Lawyers
This article contains general information and is prepared without taking into account your specific objectives. Before acting on the contents, you should obtain specific legal advice in relation to your own circumstances.
If you are going through a Divorce or would like to know more about getting a Divorce you can contact Amy Jenkins, head of the Family Law team at Aitken Lawyers on 8987 0000.