The Importance of Divorce

If you are married and the relationship breaks down, it is not enough to simply separate. You must file in court for a Divorce Order (formerly called a Divorce Certificate or Decree). If you do not do this and you pass away, your ex-partner will be entitled to claim a significant part (or all) of your assets.

Eligibility Criteria

In order to be able to file for divorce in Australia:

  1. You must be an Australian Citizen or Permanent Resident.
  2. You must be separated for at least 12 months and 1 day.
  3. You must have your marriage certificate.
  4. Your marriage must be broken down with no reasonable likelihood that you will get back together.
  5. If you have been married less than two years you will need to file a counselling certificate.

ROCHE Legal offers fixed fees for filing of divorce provided you meet the criteria below:

Uncontested Divorce

$900

+ GST + Court Filing Fees (approx $865)

  • You have been married for 2 years+
  • You have separated and live separately from your spouse for 1 year+
  • Your spouse consents to the divorce
  • You and your spouse are Australian citizens

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Contested Divorce

$1300

+ GST + Court Filing Fees (approx $865)

  • You have been married for 2 years+
  • You have separated and live separately from your spouse for 1 year+
  • Your spouse does not consent to the divorce
  • You and your spouse are Australian citizens

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Additional fees apply if:

  • your spouse’s address is not known;
  • you have separated but lived under the same roof; or
  • if proper care arrangements have not been made for any children currently aged under 18.