Separation & Divorce
Family Law Sydney & Orange NSW
Navigating the challenges of a family unit breakdown can be an emotionally demanding journey for both individuals and families. The culmination of this separation typically occurs when the Family Court grants a divorce. We understand that this process can be overwhelming and, at times, confusing. That is why we are dedicated to providing you with a clear understanding of how family law operates.
A divorce, often referred to as the dissolution of marriage, involves an application to the Court to terminate the marital bond. It's important to note that a divorce does not address property division or arrangements for the children of the marriage. These matters are distinct legal issues. For comprehensive information on property settlement and children's matters, please refer to the relevant sections.
Am I Eligible for Divorce?
To initiate a divorce application, you must meet the following criteria:
Have been separated for a minimum of 12 months. This calculation includes the combined periods of separation, both before and after any reconciliation, provided that reconciliation did not exceed 3 months.
Be either an Australian Citizen, a resident living in Australia considering it your permanent home, or someone who has consistently resided in Australia for the 12 months leading up to the separation.
It's worth noting that same-sex married couples are subject to the same procedures as other married couples when seeking divorce. If your marriage is recognized in Australia and you fulfill the divorce requirements outlined in the Family Law Act 1975, you are eligible to apply for divorce.
Expenses Involved in Divorce
Presently, the Court imposes a filing fee of $940.00, which is to be paid directly to the Court upon submitting your application.
The legal expenses associated with acquiring a divorce are contingent on various factors. These factors include whether the divorce is mutual, whether you and your spouse lived together during the separation, or if it's an individual application necessitating personal service and court attendance.
At Wilding & Co Lawyers, we are here to facilitate your divorce proceedings. With our transparent fixed-rate fees, you'll have clear upfront knowledge of your legal expenses.
