Standard Divorce
If you and your former partner have been living separately and apart for a period in excess of twelve months and you have not, at any stage, resumed cohabitation in that period, and provided you know the whereabouts of your former partner, you will ordinarily fall within the scope of a standard divorce.
A standard divorce is one in which no affidavits are required to be prepared and only a single appearance at court is necessary.
What we ask you to do:-
- Read our Cost Agreement and acknowledge the terms and conditions.
- Complete and submit the divorce application or request an appointment.
- Pay the set fee including the Process Server’s fees, and Court Filing Fee, if applicable.
We will then:-
- Prepare an Application for Divorce.
- Prepare an Application for Exemption of Fees, if appropriate.
- Forward these documents to you for your signature in a pre-paid registered post envelope.
- We ask you to return the documents once they’ve been signed where indicated, along with your original Marriage Certificate.
We will then:-
- File the documents with the Federal Magistrates Court.
- Receive sealed copies of the documents for service on your former partner.
- Notify you of the date the matter is to be listed for Hearing.
- Instruct and arrange for a Process Server to serve the documents on your former partner within the mandatory period.
- Receive an Affidavit of Service and an Acknowledgment of Service from the Process Server.
- File the Affidavit of Service and Acknowledgment of Service with the Federal Magistrates Court.
- Appear at Court when the matter is listed for Hearing.
- Report to you in relation to the outcome of the Hearing.
- Receive your Certificate of Divorce.
- Forward to you your original Certificate of Divorce and your original Marriage Certificate by registered post.
Complex Divorce
A complex divorce is typically one in which the parties have continued to live under one roof, although separately and apart, for a period of time following separation.
In this circumstance, affidavits are required to be prepared to establish that the relationship has come to an end.
It is also assumed that you know the whereabouts of your former partner.
What we ask you to do:-
- Read our Cost Agreement and acknowledge the terms and conditions.
- Complete and submit the Divorce Questionnaire, or telephone our 1800 number and answer the questions contained in the Divorce Questionnaire over the telephone.
- Provide to us the names of two people who are willing and able to attest to the fact that you and your former partner have separated, notwithstanding that you continued to reside under the one roof for a period following separation.
- Pay the set fee including the Process Server’s fees, and Court Filing Fee, if applicable.
We will then:-
- Prepare an Application for Divorce.
- Prepare an Application for Exemption of Fees, if appropriate.
- Contact the two people you have nominated to provide affidavits, and obtain instructions from them as to your separation.
- Prepare affidavits for execution by the two nominated people.
- Arrange for the two people to execute the affidavits.
- Forward these documents to you for your signature in a pre-paid registered post envelope.
- We ask you to return the documents once they’ve been signed where indicated, along with your original Marriage Certificate.
We will then:-
- File the Application, the affidavits, and the Application for Exemption of fees, if appropriate, with the Federal Magistrates Court.
- Receive sealed copies of the documents for service on your former partner.
- Notify you of the date the matter is to be listed for Hearing.
- Instruct and arrange for a Process Server to serve the documents on your former partner within the mandatory period.
- Receive an Affidavit of Service and an Acknowledgment of Service from the Process Server.
- File the Affidavit of Service and Acknowledgment of Service with the Federal Magistrates Court.
- Appear at Court when the matter is listed for Hearing.
- Report to you in relation to the outcome of the Hearing.
- Receive your Certificate of Divorce.
- Forward to you your original Certificate of Divorce and your original Marriage Certificate by registered post.
