‘til death do us part isn’t always the case, sometimes marriages break down and even though you’ve tried to make things work, the only remaining option is to file for divorce.
We understand how difficult this can be for all involved, even if things have ended on good terms.
In Australia, the law operates on the principle of a no-fault divorce. This means that the court does not need to know or consider the reasons behind the dissolution of marriage.
In order for the courts to be granted, you must have been separated for 12 months prior to filing for divorce. The courts must also be satisfied that there is no possible chance of reconciliation.
A divorce ends the marriage permanently and cannot be undone, it is not something to be taken lightly.
Sometimes things just don’t work out and you agree on what to do going forward, sometimes it’s a little more complicated and a bit messy. Milner and Knight can help you with your divorce proceedings regardless of what your current situation is.
We’re on friendly terms
If you and your spouse have ended things amicably and already agreed on how to split up your assets, you may just need the help of a lawyer to tie up the loose ends.
In this case, your lawyer can check over the agreement the two of you have come to and make sure it meets the legal standards and regulations.
It’s getting messy
Sometimes you try and try to sort through things and it just feels like you’re going around in circles. Just as you take one step forward, you take two back.
This is where Millner and Knight’s divorce lawyers come in to play, we can help identify and resolve the issues at hand and come to a suitable agreement.
As if divorce isn’t complicated and hard enough, sometimes there are other things added into the mix that make it that much harder.
If you have assets you need to protect or divide such as a business or investments, we can help you come to a suitable agreement.
See you in court
Nobody likes going to court, but sometimes it’s the only option.
If you and your spouse cannot negotiate and come to an agreement, our highly trained family solicitors can help you build a rock-solid case to present to the courts on your behalf.
If there is a child under the age of 18 from the marriage, then any future arrangements for custody will not be decided when the divorce is granted.
Arrangements for this must be presented to the court separately. Millner and Knight have lawyers who specialise in child matters who can help you negotiate and draw up an arrangement to present in court.
How do I apply for divorce?
In order to apply for you and your spouse must have been separated for 12 months prior to submitting your application to the courts.
Please note it is possible for you and your spouse to live together under the same roof but still be separated.
A divorce can be submitted by a sole applicant or joint applicants.
I’ve been married less than two years, can I still file for divorce?
If you have been married less than two years (calculated form the date of marriage to the date of divorce application), the courts require you to consider reconciling before a divorce will be granted.
In order to file an application for divorce, in addition to being separated for 12 months, you must attend family councils.
If counselling has not been attended, the court must grant permission for a divorce
Will I have to go to court?
The circumstances within the marriage and how the divorce was applied for will determine whether or not you will need to attend court.
If a sole application was made, then you would need to attend court if there are children from the marriage under the age of 18.
You will not need to attend court if there are no children from the marriage.
You do not need to attend court if a joint application is submitted.
What will a Divorce lawyer charge?
In Australia, there is a $900 filing fee for a divorce application.
You may be eligible to apply for a reduced divorce fee, you can find out if you’re eligible of the federal circuit courts website
Divorce lawyers fees vary on a case by case basis. Once we know the circumstances surrounding the breakdown of your marriage, our lawyers can then advise of their fees.
The best way to find out is to get in touch with our team on 1800 106 107.
What to do next
If you are currently separated and ready to take the next steps, contact Millner and Knight on 1800 106 107. Our friendly team will be happy to assist you and find the best lawyer for your circumstances.
Why Millner and Knight
Everyone’s circumstances are different, and we know that no two divorces are the same. Because of this, our advice and services are tailed specifically to your needs.
The lawyers at Millner and Knight treat each case with the care, empathy and compassion it deserves.