Separation & Divorce

Home » Separation & Divorce

The breakdown of the family unit is a difficult and stressful time for individuals and families. The finalisation of this separation often occurs when the Family Court grants a Divorce. We understand that this process is overwhelming and sometimes confusing, that is why we take the time to explain to you the way family law works.

A Divorce is the application that is made to the Court to end a marriage (known as dissolution of marriage). A Divorce does not affect a property division nor make arrangements for the children of the marriage. These two issues are separate legal matters. Please see Property Settlement and Children’s matters for further information regarding each of these areas.

Can I get Divorced?

To apply for a Divorce, you must:

  • have been separated for at least 12 months. To calculate this time period, you add the periods of separation before and after any reconciliation (as long as it was no longer than 3 months).
  • Be an Australian Citizen or live in Australia and regard it as your permanent home or have ordinarily resided in Australia for the 12 months prior to separation

Same-sex married couples are treated the same as other married couples and can apply for divorce if the marriage is recognised in Australia and you meet the requirements for divorce under the Family Law Act 1975.

Your Family Lawyer - Divorce and Separation

Other important Information regarding obtaining a Divorce

If you have children under the age of 18 years the court will only grant your Divorce if it is satisfied that there are proper arrangements in place for your children. We generally advise our clients not to apply for a Divorce until children’s arrangements are agreed and formalised.

It is also important to know that there is 12-month statutory limitation period that commences from the date of Divorce to undertake a property settlement.

Cost of getting Divorced

The Court currently charges a filing fee of $940.00; this is paid directly to the Court at the time of making an application.

Legal fees associated with obtaining a Divorce depend on many factors including; if the Divorce is joint, if you resided under the same roof or if it is a single application requiring personal service and Court attendance.

At ALA Law we can assist you to obtain your Divorce and with our fixed-rate fees, you know what your legal costs are upfront.

Your Family Lawyer - Cost of getting Divorced

Your Family Lawyer - Does divorce void a will?

Does divorce void a will?

A divorce will affect or even void a will in the circumstances set out below.
s.13 of the Succession Act 2006 (NSW) sets out that a Divorce will revoke:

  • Any gift made to the spouse in any current and valid will and
  • Any appointment as Executor, Trustee or guardian under the will.

However, it will not revoke:

  • the appointment of the testator’s former spouse as trustee of property left by the will on trust for beneficiaries that include the former spouse’s children, or
  • the grant of a power of appointment exercisable by the testator’s former spouse exclusively in favour of the children of whom both the testator and the former spouse are the parents.

It is important that when drafting your estate planning documents, that if you do not wish for your will to be revoked on Divorce that a clause is included to ensure this does not happen. It is not uncommon for our clients to include such a clause in contemplation of Divorce to ensure that their wishes are not revoked.

Wish to discuss your situation?

Please contact us for relevant advice and help regarding applying for or responding to an application for divorce on 02 4761 6935

Give us a call!