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Divorce is the process of legally ending a marriage.
Freemont's skilled Divorce Lawyers understand that the end of a marriage doesn't just mean a court order ending the marriage, called a decree nisi; it's a change in identity, a change from what was to what will be. Sometimes occasioned with uncertainty, other times with doubt or relief, our team can provide you with all your divorce law needs to help you transition to what's next.
Our comprehensive divorce lawyers provide tailored services based on your specific needs. We understand that divorce can be a complex and emotional journey. Our divorce attorneys will guide you through every phase of the process with options, straightforward language and solutions.
Our divorce lawyers diligently protect your rights and achieve fair outcomes. Whether you are dealing with a contested or uncontested divorce, a sole divorce application or a joint divorce application, we possess the expertise to navigate the intricacies of divorce law on your behalf.
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There Are Two Types of Divorce Applications. Which Application is Right for You?
A divorce application can be either a sole application for divorce or a joint application for divorce. Both options have different procedural requirements and processes. Our divorce lawyers can assist you in making the best decision according to your circumstances.
Why Choose Freemont Family Lawyers for Your Divorce?
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Not all divorces are the same. Our experienced lawyers can guide you through the entire divorce process. Some divorces require an affidavit, an affidavit of service, an affidavit proving signature, a divorce hearing where a party is required to attend, questions about jurisdiction and issues involving child arrangements.
Speak to one of Freemont Family Lawyer's experienced divorce solicitors about your divorce today.
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Divorce Lawyer Melbourne - Frequently Asked Questions
What is a divorce, and how is it different from separation? Answer: A divorce is the legal dissolution of a marriage by a court, officially ending the marriage contract. Separation occurs when a couple stops living together as a married couple, but they remain legally married until a divorce is granted.
How soon can I get divorced? Answer: To apply for a divorce in Australia you need to have been seperated for 12 months. If you have resumed cohabitation for less than 3 months, it will not reset the 12 month period, however, the total period of separation must be 12 months or more.
How long does a divorce usually take? Answer: A divorce will usually take 3 to 4 months from the application process to a divorce hearing. In some complex cases, it may take longer such as where a marriage certificate is missing, a party opposes the divorce, separated parties are still living under the same roof or there are issues with residency.
What are the requirements to apply for a divorce in Australia? Answer: To apply for a divorce, you must meet these criteria: 1. You or your spouse must regard Australia as your home or intend to live here indefinitely, or be an Australian citizen or resident. 2. You must have been separated for at least 12 months and one day. 3. There must be no reasonable likelihood of resuming married life.
How do I apply for a divorce? Answer: You can apply for a divorce through the Federal Circuit and Family Court of Australia (FCFCOA): Complete the online Application for Divorce via the Commonwealth Courts Portal. Pay the filing fee (or apply for a fee reduction if eligible). Provide proof of marriage (e.g., marriage certificate) and other required documents. If applying jointly or solely, serve the application to your spouse if they didn’t co-sign. Attend a court hearing if you have children under 18 or if the court requires it.
Do I need a lawyer to get a divorce? Answer: No, you don’t need a divorce lawyer to apply for a divorce. However, many people prefer to retain a divorce lawyer for help especially where the divorce is not ammicable or if your case is complex (e.g., disputes over children or property) or if you need assistance with paperwork.
What is a sole application versus a joint application? Answer: Sole application: One spouse applies for the divorce and must serve the divorce papers to the other spouse, who may or may not respond. Joint application: Both spouses apply together, and no service of papers is required. Joint applications are often simpler and less contentious.
What happens if my spouse doesn’t agree to the divorce? Answer: Australia has a “no-fault” divorce system, meaning you don’t need your spouse’s consent. You only need to have been separated for 12 months and one day and that the marriage has irretrievably broken down. If your spouse disputes the application, the court may require a hearing to resolve the issue.
How much does it cost to get a divorce? Answer: As of 2025, the standard filing fee for a divorce application is approximately $1,060 (subject to change). A reduced fee (around $355) may apply if you hold a concession card or face financial hardship. Check the FCFCOA website (www.fcfcoa.gov.au) for current fees.