Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from. At LAC Lawyers we are always available to assist where there has been a relationship breakdown and will address the following here:
Where parties go to apply for a Divorce
Costs associated with Divorce proceedings
Where parties go to obtain a Divorce and Costs of Applying for A Divorce:
In Australia, parties can either apply for a Divorce jointly, or separately. To apply for an Order for Divorce, the party/parties, depending on whether it is a joint or separate application, need/s to file an Application for Divorce at either, the Federal Magistrates Court, or the Family Court. The costs of lodging the Application at the Federal Magistrates Court currently is $405.00, whilst at the Family Court is $639.00. However, it should be noted that the lodging fees change regularly and you should always check with your solicitor as to what they are.
In relation to legal fees associated with Divorce, many lawyers work on an hourly basis, and the hourly cost of each lawyer depends on the size of the firm, their location, and the experience of the solicitor who is running your matter. However, legal fees associated with obtaining a Divorce do not usually exceed $3,000 – 3,500.00, and may be as low as $750.00 – $1000.00 depending on the complexity of the case. Your solicitor should be able to advise you of an estimate of fees either at the initial conference or soon after you provide your solicitor with your initial instructions, by way of a Costs Agreement.
It should be noted that Divorce proceedings are separate from property and/or children’s proceedings. When the Court grants a Divorce, it does not decide issues about property division, maintenance or children. In granting a Divorce the Court grants orders for the dissolution of the marriage only. To obtain orders or make arrangements in relation to the issues of property division, maintenance, or children, separate court proceedings or arrangements need to be issued/made. Your Family Law solicitor should be able to advise you of your options in relation to these issues.