Divorce isn’t something that many of us want to think about, however if you’ve been in an unhappy marriage and have also been separated from your wife or husband for 12 months, you’re then eligible to ask the Court for a divorce.
For those who have been still living together, separation doesn’t necessarily mean that you can’t be residing at the same address, and the Court is uninterested in your reasons for divorcing your spouse. All you need is to say that the marriage has broken down irretrievably, meaning that the majority of divorce applications will usually be relatively straightforward.
If you’re going through a divorce, Prime Lawyers can help. Many people are concerned about how much a divorce will cost, however Prime offer a fixed fee service, for all NSW divorce applications. The fee varies, and is dependent on the type of divorce- meaning if it’s a sole application or joint application, if it’s contested, if you’ve provided enough evidence, or if the Court requires more evidence that you’re separated (especially if you’re still living at the same residence).
Hiring a divorce lawyer will allow your divorce to go ahead faster, meaning you’ll spend less time going through this tough period of your life.
The divorce fee is made up of three separate components with Prime. This includes the Court Filing Fee, which is currently $865 (this can be reduced for those facing financial hardship), the service fee, which is when the divorce doesn’t have both party’s consent and the application is served on your ex partner (this is $110), and the professional costs which covers the work that the family lawyers do, including attending court.
Many people are concerned that their partner won’t allow them to get a divorce. However in Australia, once your ex-partner has been serviced, there are either no children or they have suitable care arrangements and it’s established that the marriage has been broken down irretrievably for at least 12 months, it simply doesn’t matter if your spouse wants to stay married to you.
The application can be processed either while they’re in attendance or while they’re absent, and the Court will then grant you a divorce.
Your ex-partner has the chance to contest the application and say that the marriage hasn’t broken down, and in this case, your experienced divorce lawyer will need to guide you throughout the proceedings, representing you in court and persuading the court that you should be able to get a divorce.
While a divorce will terminate your marriage, there are still often child custody issues and property settlement to deal with. Once the divorce is final, both parties have 12 months to apply for a property settlement, so you’ll usually need to get some advice, negotiate, or ensure that this is sorted before the divorce goes through.
A divorce is likely to be a stressful experience for a number of reasons, however choosing an experienced lawyer can help make this time much easier for everyone involved.