The cost of divorce in Australia The average cost of a divorce in Australia is variable and can be anywhere between $330 and $1,405, plus the cost of legal representation. It depends on whether the separating parties file for divorce with or without legal representation, and the complexity of the divorce itself.
What is the average cost of a divorce or separation in Australia? According to Money Magazine, the average cost is between $50,000 and $100,000 and can take up to 3 years if going through to Court.
It's called a joint application for divorce. A joint application is the easiest and cheapest way to get a divorce. You don't have to mess around with serving documents on your spouse and you can also share the costs. You have to pay the court a filing fee when you lodge your application for divorce.
The sole applicant will need to pay a fee to legal professionals, and additional filing fees to serve the application to their partner. In this case, the partner who is being served with an application for divorce will not need to pay any fees.
For more information see How do I serve a divorce. Court attendance is not required if there are no children of the marriage. Court attendance is required if there are children under the age of 18 years.
You must have been separated for at least 12 months before you can apply for a divorce. You can get back together once for up to three months without re-starting the 12-month separation period.
A wife is entitled to a fair and equitable share of the assets and property accumulated during the marriage, taking into account the above factors. This may include a share of the family home, vehicles, savings, and investments.
Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
The Family Court of Australia has clearly outlined the division of assets and property. As a general rule of thumb, marital properties are divided in half. Each item will not necessarily be split in half, rather each spouse will get different contents. Assets are always aimed to be distributed equitably.
1. Domestic Violence or Emotional Abuse. Domestic violence is one of the most leading reasons for divorce in Australia. It is a serious issue that can have a significant impact on the lives of those affected.
Applying for a divorce
You must have been separated for at least 12 months before you can apply for a divorce. If you've been married for less than 2 years, you also need a certificate from a counsellor that says you've thought about trying to get back together. Australia has a 'no-fault' divorce system.
In Case Of Divorce, Who Gets What, Australia? If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule.
In Australia, a divorce takes about four months before it is officially granted by the court. This time is calculated using the date you first filed your application in court until the date when a divorce order is issued by the court.
The most common age to get married is 25-29 years old. The most common age to get divorced is 40-49 years old. The median age at divorce has a low rate of increase over time, changing from 41.4 in 2000 to 45.6 in 2020 for men and from 38.6 in 2000 to 42.8 in 2020 for women.
You are eligible to apply for maintenance at any time after you have separated from your partner. If you were married you must make any application for spousal maintenance within 12 months of your divorce being finalised; de facto partners have two years from the breakdown of their relationship to apply.
The payment of spousal maintenance can be ordered for an indefinite period of time or it can be ordered for a specific periodic of time with a set end date. Alternatively, parties can opt out of paying spousal maintenance by entering into a binding financial agreement.
While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.
What is grey divorce? This is a term coined for persons divorcing in their later years. However, some couples may not have married, but when separating in their later years, may fall under the de facto provisions of the Family Law Act 1975 (Cth).
Is My Husband/Wife Entitled to Half My Super? Your husband or wife will not necessarily be entitled to half of your super. The amount of super that your husband or wife is entitled to is determined by the divorce agreement or court order.
Split the super. If you separate or become divorced, you and your ex-partner may split your or their super by agreement, or by court order – the same way as many other assets. Defer your decision until another time, such as retirement.
According to the “broken heart” law, if your husband or wife cheats on you and it ends in divorce you are able to sue for damages. And the payouts can be in the millions. But the person you sue is not your ex-husband or wife. It's the individual they had the affair with.
You can tell us about your separation online by using your Centrelink online account through myGov. Centrelink online account 1.