To qualify for a divorce you first need to show that your marriage has ‘irretrievably broken down’ which can be demonstrated by being separated for at least 12 months – and there being no likelihood of the relationship resuming. The initial separation can be initiated by one person, or both.
Where you have been married for less than 2 years you will need to attend counselling with a family counsellor and file a counselling certificate with your application, or ask the court for permission to dispense with this requirement.
Where there are children of the marriage under the age of 18, the court will also need to be satisfied that proper arrangements have been made for the care, welfare and development of the children.
An application for divorce can be filed by one party on their own (sole application) or by both parties (joint application).
If you choose to make a sole application for divorce, you will need to serve the application on your spouse. This can be done by engaging a professional process server who will serve the divorce application on your spouse and provide an affidavit of service proving to the court that your spouse has been formally served with your application. You will also be required to appear in court if there are children of the marriage under the age of 18. We can appear in court on your behalf if you choose to make a sole application for divorce.
If you choose to make a joint application for Divorce, your spouse will need to co-sign the application form. Attendance in Court is not required.
We have a fixed fee for divorce applications, being $825 (inclusive of GST) for a joint application or $990 (inclusive of GST) for a sole application. Additionally you will be required to pay a court filing fee of $940 (some exemptions apply for Government concession card holders).
If you need assistance with your divorce application do not hesitate to contact us.
We are conveniently located in Nowra, the commercial hub of the city of Shoalhaven, and Sanctuary Point, ready to assist you with all your legal needs.
