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Frequently Asked Questions

No Hidden Charges

Upon application, we always clearly set out what costs you will incur and confirm with you before commencing work for you.

Charges for your matter are made up of the Professional Fees outlined below (for the service you choose) plus the relevant Court filing fees for a divorce or the Court Lodgement Fee for Superannuation or property division documents.

Note: The Court fees vary depending on concession eligibility.

Your Divorce Journey

Fixed Professional fees for joint or sole applications (including cases where there are children of the marriage under 18 years).

$770*

Division of Superannuation

A choice of services to divide your Superannuation. Professional fees to prepare required documents are fixed and range from:

$495 to $995

Property Settlement

A choice of services to complete your property settlement. Professional fees to prepare required documents are fixed and range from:

$595 to $1,195

Why Our Services Are More Affordable Than Traditional Law Firms

For Divorces

We are uniquely a fully end-to-end online divorce provider which means we deliver information, process your paperwork, and attend your Court hearing on your behalf. This means you do not have to attend a Court room or a legal office in person.

We have refined our processes to save you time, effort, and money.

Many other online divorce services supply you with an application form and a “How To” sheet and leave it up to you to sort out the rest and deal with the court for your hearing.

We gather the information required and our lawyers take care of it all for you at a fraction of the time and cost.

 
For Division of Superannuation and Property Settlement Matters

We provide various levels of service to suit different levels of complexity, enabling you to divide your property or Superannuation.

Whatever option you choose with us, we know it will be far more cost-effective and straightforward than personally attending and engaging a traditional law firm.

Questions and Answers

Unfortunately, the Court charges a filing fee of $1060 unless you are eligible for an exemption and hold an appropriate concession card. The concession may also apply if you receive Austudy or Abstudy. The reduced fee will then be $350. We will obtain a copy of the concession card to enable you to obtain the reduced fee.

We do all matters to finalise your divorce application, from preparing your application and lodging it with the Court, arranging the service of your application, completing the necessary follow-on documents, and then attending the divorce hearing on your behalf. This will avoid the time and stress of attending Court.

There are several steps to obtain a divorce, divide superannuation, or undertake a property settlement. Our detailed systems keep you updated each step of the way. Generally, you should allow 12-18 weeks for your matter to be completed.

Yes, you must be divorced before remarriage.

From making the final divorce order, within 12 months, you must have reached a property settlement agreement either informally or by filing Consent Orders or at least commenced an application for a property settlement with the Court. If you have not done any of these things, then you need the leave (permission) of the Court to have a property settlement between you. This is not always granted. You should take formal advice from a legal provider in this regard if these circumstances apply to you.

In these circumstances, you will need to engage a third-party process server to physically hand your spouse the documents. If this is the case, we have allowed a fee for this to occur, usually around $250.

There are provisions under the Family Law Act to enable you to make an application either for substituted service of your application on another person who may bring it to your spouse’s attention or where there is no possibility of that occurring to remove the need for service. We will obtain information from you as to whether we can serve the Application on a person such as a relative or close friend of your spouse or even an adult child who would bring the Application to your spouse’s attention. Alternatively, we can prepare an Affidavit indicating that you have taken all reasonable steps to identify your spouse’s location with no success. In those circumstances, the Court will usually allow the Application to proceed in any event.

There are additional requirements if you are applying for a divorce and have been married for less than two years. This would mean that you separated in the first year of your marriage, as you must be separated for twelve months before making the Application. In these circumstances, it may be the case that you are required to have attended or considered counselling where the separation is so soon. If this is the case, we can obtain more information from you to see whether you can proceed.

This is an issue that will mean that through Affidavit evidence, you will need to demonstrate that your relationship has come to an end. Examples include notifying Centrelink or other Government agencies, evidence of other occupants of the household that you are living separately and apart and details such as sharing of expenses, preparation of meals etc.

The divorce process allows for a brief reconciliation, provided the parties are together for less than three months. The 12-month period of separation does not include the reconciliation periods, so if you get back together for a month but then separate again, you will need to have been separated for a total period of 13 months, including the one month you got back together. Our questionnaire will assist in this regard to confirm that you are eligible to lodge your application to avoid a dispute on this issue.

We have designed the process so that you do not have to attend the Court hearing. Only in exceptional cases where the divorce is contested, for example, if your spouse believes that you have not been separated for 12 months, would there be a possibility of requiring you to attend Court. In our experience, however, this is extremely rare.

Provided you or your spouse is an Australian citizen or has permanent residency in Australia or consider Australia your home and have lived here for 12 months before filing your Application for Divorce, you will be eligible to proceed with your application.

We can obtain the necessary details from you to send you a link to order the Certificate. We can help you request one from the Court Registry where you were married. Unfortunately, the Registry charges a cost, which varies from state to state, and is around $65 to $85.

Children affect the Divorce Application when they are still under 18 years of age on the date of the Application. In those circumstances, you will need to provide us with details of their living arrangements and other matters, such as their education. Our questionnaire will obtain the required information from you to satisfy the Court that the children’s living arrangements are established and that the children are not at risk. This is critical to enable the divorce application to proceed.

The answer is no. The court allows you to keep your address confidential when filing for a divorce. This allows for your personal safety and well-being to be protected.

Yes. Firstly, we will call and email you within twenty-four (24) hours of the divorce hearing to confirm your successful application. The Court will issue a Certificate of Divorce after one month and one day following the original court hearing. We will email this to you.

Unlike other providers (many non-legal), we provide a complete end-to-end service from the application to service requirements and up to the hearing. We make it easy for you.

If you are considering using our services, you may send an email enquiry to info@youronlinelegal.com.au, and we will promptly respond to your query.