Disclaimer: This article is general information. It should not be taken as personal legal advice. For advice specific to your situation, consult a qualified family law solicitor. Law Corp is a member of the Law Society of New South Wales. Liability limited by a scheme approved under Professional Standards Legislation.
Liverpool is home to experienced family lawyers who are ready to help with divorce. With proper guidance, the process is often straightforward. That’s why we put together this guide for Liverpool residents. Divorce is the same Australia-wide. But our wonderful community has its own important resources you should know about.
Key takeaways
- Divorce is covered by the Family Law Act 1975.
- Liverpool has local legal services.
- Couples must be separated for at least 12 months.
- There are necessary documents for your application.
- Divorce applications are accepted online.
- Sole applicants must serve the divorce papers on their spouse.
- You may need to attend a divorce hearing.
- Various factors affect a divorce's cost and time.
- Parties often face additional issues related to their divorce.
- Consider when legal help is necessary.
Understanding Divorce in Australia
Divorce falls under the Family Law Act. All divorces pass through the Federal Circuit and Family Court of Australia. The requirements for completing a divorce are uniform across Australia.
Australian law has a no-fault system of divorce. Spouses aren’t required to provide a reason for the divorce. All that’s required is that at least one party believes the marriage broke down. Prior to making an application, the parties must have been separated for at least 12 months.
Local services
The Liverpool area is served by the Parramatta Court, located at 1-3 George Street. The Court can provide information on family law matters, such as:
Divorce proceedings.
Property settlements.
Parenting arrangements.
In some cases, the Court may facilitate an appointment with a child expert to prepare a child impact report. Some documents cannot be eFiled through the Commonwealth Courts Portal, such as a request for a subpoena. These documents may be emailed to the Parramatta Court instead.
Legal Aid NSW has an office at Level 4, 45-47 Scott Street, Liverpool. They can provide legal information and resources for free online or over the phone. They also maintain duty lawyers at Parramatta Court. Duty lawyers can assist through information sessions and help with filling out documents. They may also appear with you in court in some circumstances.
How to get a divorce in Liverpool
Step one: Separation requirements
At least 12 months must have passed from a couple’s separation date as part of the eligibility criteria for divorce. The law recognises that not all parties can maintain their own residence. For this reason, it allows separated couples to continue to cohabit. This is called ‘separation under one roof’.
An affidavit explaining how the relationship changed must be included with the application if the couple chooses to cohabit under the same roof during the separation period. This ensures that couples are leading separate lives.
Step two: Prepare key documents
Include your marriage certificate as part of the divorce application. If it’s lost, you can get a replacement from the Registry of Births, Deaths, and Marriages. The replacement must be certified by a Justice of the Peace. If you were married overseas and your certificate isn’t in English, it must be translated by an accredited translator.
Provide proof that you’re an Australian citizen or regard Australia as your home as a permanent resident. Proof may include:
Australian citizenship certificate.
Passport.
Valid visa.
Make sure you can prove your separation. Collect statements from family and friends and prepare an affidavit to explain the situation. A lawyer can ensure that all documents are complete and compliant.
Step three: Divorce application
Divorce applications are made through the Commonwealth Courts Portal. There’s a short registration process, then you’re good to go. Applications have a $1125 filing fee. If you need financial support, you may be eligible for a reduced fee of $375. The Court expects evidence of financial hardship. It applies three tests to assess your income and assets. If you pass, you don’t have to pay the full fee.
Step four: Serve divorce papers and file for divorce online
Joint applications are generally straightforward. You can apply once both parties have signed the Affidavit for eFiling (Divorce). Sole applicants must serve the divorce documents at their spouse’s address. Service must be completed by a third party who is over 18. The documents to be served include:
Sealed copy of the divorce application.
Sealed copy of the Affidavit for eFiling.
A copy of the Marriage, families and separation brochure.
An Acknowledgment of service (Divorce).
The spouse signs the Acknowledgment of service, which is returned to the applicant. Once service has been completed, the applicant can proceed to file online.
Step five: Attend the divorce hearing
Every divorce receives a divorce hearing date. A party is only required to attend if:
They’re making a sole application with children under 18.
The divorce is being contested.
A spouse wasn’t contactable for service.
The court hearing takes place via video call. The Court wants to ensure that proper arrangements have been made for the child’s welfare. Have all your documents ready.
While attendance isn’t typically required, there are times when it’s recommended. For example, a party may attend the court date if:
They need to provide evidence explaining a ‘separation under one roof’ arrangement.
Their circumstances have changed since starting the divorce process.
Divorce Costs and Timeline for a divorce order
The divorce application costs $1125, or $325 with a fee reduction. Legal fees depend on the nature of the case.
A simple application: ~ $1500-$2000.
More complex cases: ~ $10,000 or more.
The divorce timeline can vary depending on whether the divorce is contested or not.
An uncontested divorce: ~ Two to four months.
A contested divorce: ~ 12 to 24 months or longer
The Court grants your divorce order a month after the application is accepted.
Money-saving tips
Joint applications are usually quicker and cheaper.
Seek legal advice early to avoid mistakes.
Attend counselling or mediation instead of litigating issues in court.
Common Divorce Issues for Liverpool Families
Property matters
Property matters usually include:
Division of the marital pool, including the family home.
Splitting superannuation.
Dividing business assets.
Allocating debt.
Settlements can be handled through a binding financial agreement or a property order.
Parenting arrangements
Parenting matters centre on the child’s best interests. Parents can enter into an informal parenting plan or seek a court order. It’s important to consider local catchment areas when organising your child’s education. Seek advice about child support and the calculations involved.
Liverpool has a range of counselling services to assist families as they transition post-divorce.
When You Need a Liverpool Divorce Lawyer
The Court makes divorce as easy as possible through its online form. There are circumstances when professional assistance is important. Here’s when to consider legal help:
You’re dealing with parenting or property disputes.
You have a complex asset division.
You have domestic violence concerns.
The divorce is contested, or your spouse is uncontactable.
What happens at your consultation?
We offer a no-obligation consultation to new clients. During the consultation, we can:
Look at the facts of your case.
Explain your rights.
Provide a cost estimate.
Outline a likely timeline for the divorce.
Determining our next steps.
From our clients
Disclaimer: All testimonials are genuine and comply with Law Society guidelines. We offer no guaranteed outcomes. Past performance is not a good indicator of future outcomes.
A very close friend of mine strongly recommended Law Corp. At first I was hesitant to change solicitors as I was using our family solicitor for over 10 years. From my initial dealings with Myrna and the team i instantly felt comfortable and confident and i am very impressed with their standard of work. I will be using Law Corp all the time.
– Otto A
No hesitation recommending Law Corp. Lara handled my family law matter from start to finish. She explained everything to me and always answered my calls. She took the time to achieve the best possible result for me. Thank you for all your help. I’ll definitely be recommending Law Corp to my family and friends.
– Abbi
Conclusion
Are you worried about facing a divorce alone? An experienced Liverpool family lawyer can assist you. Our step-by-step guide gives you a clear outline of the process. Arm yourself with knowledge so you can face legal matters confidently.
Our experienced Liverpool family lawyers offer a confidential, obligation-free consultation. Let us know if your matter is urgent. Our compassionate team can prioritise your enquiry.
Disclaimer: This article is general information. It should not be taken as personal legal advice. For advice specific to your situation, consult a qualified family law solicitor. Law Corp is a member of the Law Society of New South Wales. Liability limited by a scheme approved under Professional Standards Legislation.
