Family Law - Divorce & Separation

The parties to a marriage must be separated for a continuous period of more than 12 months before making an Application for Divorce.

The parties are given one opportunity to reconcile for a period of up to 3 months without nullifying a prior period of separation. If the parties separate again within 3 months of their attempt to reconcile, they can use the prior period of separation toward the 12 month total required for the filing of an Application for Divorce.

Parties can apply for a divorce after being separated for twelve months. If the marriage was less than two years in duration the parties must file a certificate stating that they have considered reconciliation with the assistance of an approved counselor before the divorce will be granted.

Parties can be separated and living under the one roof. The Court may require the parties to file an Affidavit with the Application for Divorce confirming that although the parties were residing under the one roof, they were in fact separated.

An application for divorce must be filed with the Federal Magistrates Court of Australia (registries of the court are located in Sydney and Parramatta). There is a filing fee of $334 for the filing of an Application for Divorce. There are “Do it yourself Divorce kits” available on the Federal Magistrates Court website.

You do not need the consent of both parties to file for a divorce.

You must be able to show that satisfactory arrangements have been made for any children of the marriage under the age of 18 years. 

Benjamin and Robinson Solicitors have extensive experience in representing clients who are going through divorce or separation. Only an expert Divorce Lawyer can truly understand the emotions and difficulties involved with Divorce. To ensure that your divorce is handled by someone who truly understands what you are going through, contact a Divorce lawyer at Benjamin and Robinson Solicitors.

Divorce & Separation - Maintenance and Child Support

There are two types of maintenance:

1. Spousal maintenance - This concerns the liability of one party to the marriage to maintain the other party. The court looks at a number of matters when considering whether it is appropriate to make a maintenance order.

2. Child maintenance – This concerns the liability of a party to the marriage to maintain a child of the marriage.

A party can only apply for a child maintenance order via the family court if they are not entitled to make an application for an administrative assessment of child support through the Child Support Agency.

The CSA will assess the amount of child support payable after looking at a number of matters including the income and assets of the non-resident parent. There is a calculator available on the child support website that allows you to calculate the amount of child support that would be payable either to you if you are resident parent or by you if you are the non-resident parent.

Benjamin and Robinson Solicitors have extensive experience in representing clients who are going through divorce or separation. Only an expert Divorce Lawyer can truly understand the emotions and difficulties involved with Divorce. To ensure that your divorce is handled by someone who truly understands what you are going through, contact a Divorce lawyer at Benjamin and Robinson Solicitors.