For a couple applying jointly
A joint application can be made when both spouses mutually apply for divorce together, streamlining the procedure, and not requiring use of a process server.
For someone applying by themselves
A sole application is made where one spouse individually applies for a divorce without the participation or agreement of the other spouse.
A Movement Legal lawyer will draft and review your application. We ensure we understand the type of divorce application to be filed, and that we have received and verified all supporting documents and affidavits.
You will not need to attend Court, as our lawyers will do so for you.
We offer you a fixed-fee rate that includes Court fees and the cost of a process server (if required).Get started
A divorce can be applied for once you have been separated for 12 months. This can include periods where you have been 'separated under one roof.'
If your marriage lasted for less than 24 months you will need to provide a Counselling Certificate from a family law counsellor to file with the application.
Common documents required include the marriage certificate, a change of name certificate, an Australian passport or visa documents. Affidavits may also be required if you have been separated under one roof in the prior 12 months, or in certain other circumstances.
Serving is generally only used in sole divorce applications.
Service (or serving) refers to the formal delivery or notification of legal documents, such as court papers or notices, to all parties involved in a legal proceeding (including divorce).
In most cases this is organised by a third party process server.
When filing a Sole Application, it is essential to have the documents served on your spouse, ensuring they are informed about the proceedings. Failure to serve may result in the Court dismissing your application. The service must be completed at least 28 days before the hearing if your spouse is in Australia or 42 days if they are overseas.
Court attendance for a divorce hearing is required only if there is a child under 18, you specified a preference for an in-person hearing, or if the respondent opposes your sole application. You may also need to attend in person if you are requesting an order for substituted service or a dispensation service in the event that you cannot serve your spouse. Otherwise, divorce hearings are conducted electronically.
Where court attendance is required, Movement Legal's lawyers will appear for you - no need for you to attend.
Save stress, time, and expense.
Using the Courts as a forum to manage your Separation should only ever be a last resort. The Courts are slow, massively backlogged, and the Court’s adversarial nature is not necessary for couples who not in a high-conflict situation.
Our approach has an average 4 week turnaround time.
No need to come in to the office. The team is available online and across Australia.
We provide fixed fees for any work that we perform, so that you can budget your legal spend before we commence any work.
An end-to-end solution that includes estate planning, wills, conveyancing, mediation, divorce applications (as needed).
Our team blends comprehensive legal expertise with technology to make the separation process more affordable and personalised.
Unsure about how we operate, or with aspects of the separation process? We've compiled a list of commonly asked questions and provided answers for your ease of reference.
Before filing for divorce, you will need to have been separated for 12 months.
If you meet the eligibility requirements, you can organise divorce paperwork and file a divorce application within 28 days. Divorce Orders typically take 2 to 3 months to process after they're filed, but can take longer if one or both parties are making it difficult to serve (only done in sole applications).
Once the Court has held the hearing, your divorce will be finalised 1 month and 1 day later.
There is a filing fee to the Federal Circuit and Family Court of Australia of $1,060.
If you apply for a sole application, a third party process server will need to be used. They usually charge $250.
Movement Legal charges a fixed fee of $1,250+GST for managing your application.
Court attendance will be required if one party opposes the application, or if there are children to the relationship.
If court attendance is needed, then a Movement Legal lawyer will appear on your behalf - no need for you to attend court!
Your Movement Legal case manager will keep you updated as your case advances through various stages. We will promptly respond to any emails or calls you send to our team.
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