The costs involved in applying for divorce usually consist of the following:
- Filling Fee: Payable to the Federal Circuit Court of Australia. Filing fees are listed on the Court’s website.
- Service Fees: You may also need to pay for a process server to serve the application on your spouse. Rates for these services vary between providers.
- Legal Fees: You may seek to retain a lawyer to prepare the documentation, arrange for the service of the application on the other party and appear before the court to seek the orders on the “return date”.
The Court requires additional evidence before it will grant a Divorce in the following circumstances:
- Where part or the whole of the 12 month mandatory separation period has occurred while living under the same roof Additional Affidavit evidence must be filed
- If the marriage is less than 2 years a counselling certificate must be filed with the Application for Divorce
- If there are dependent children under the age of 18 years the Applicant needs to attend Court in person to satisfy the Court that proper arrangements have been made for the care of the children. Unless there is a joint Application already in place.
If you require help with the process, or require representation at Court, our experienced team at Streeterlaw welcome your call on 02 8197 0105.