Family Law Information

Until making an Application for Divorce the parties to a marriage must be apart for a continuous duration of more than 12 months.

The parties have one chance to reconcile for a period of up to 3 months without annulling a previous separation term. If the parties split again within 3 months of their attempt to reconcile, they will use the previous separation period against the total of 12 months needed to file an Application for Divorce.Do you want to learn more?this link

Contracting parties can apply for a divorce after 12 months of separation. Unless the marriage lasted for less than two years, the parties must request a certificate indicating that they seek reconciliation before the divorce is granted with the help of an approved counselor.

Parties may be separated from each other and live under one roof. The Court may allow the parties to file an Affidavit with the Divorce Application stating that even though the parties lived under the same roof, they were still separated.

A divorce case must be lodged with the Australian Federal Magistrates Court (the court’s records are based in Sydney and Parramatta). The filing fee for submitting an Request for Divorce is $334. On the Federal Magistrates Court website there are “Do it yourself Divorce Packs.”

To apply for a divorce you do not need the consent of both parties.

You must be able to show that adequate arrangements were made for any children under the age of 18 years of marriage.

Prime attorneys have considerable experience advising clients who face divorce or separation. Only an experienced Divorce Lawyer can truly understate the feelings and challenges that Divorce entails. Contact a Divorce lawyer at Prime Lawyers to ensure that your divorce is handled by someone who really understands what you are going through.

Divorce & Separation-Maintenance and Child Support Two support forms exist:

  1. Spousal maintenance-This refers to one party ‘s duty to support the other partner in the marriage. The court looks at a variety of issues when deciding whether making a maintenance order is sufficient.
  2. Child care-It involves a party’s duty to the marriage for the protection of a marriage child.

A party can only apply to the family court for a child maintenance order if they are not eligible to apply to the Child Support Agency for an administrative review of child support.

The CSA will determine the amount of child support owed by looking at a variety of factors like the non-resident parent’s income and properties. On the child support website, there is a calculator available which allows you to calculate the amount of child support that would be payable either to you if you are a resident parent or to you if you are the non-resident parent.