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How does it work?

1

Complete our online form

We will prepare your personalised application for divorce and send it to you by email within minutes.
2

Print and sign

Download, print and sign your Application for Divorce. You must sign the application before a Justice of the Peace or other qualified witness.
3

Lodge with the Court

Lodge your application with the Court. Once you lodge your application, follow the steps in our eGuide to finalise your divorce.

Our Divorce eGuide (included free with your Divorce Kit) explains how to lodge your application with the Court in plain easy to follow language.

Joint or Sole Application?

You can apply for divorce using a Joint Application or a Sole Application

Joint Application

You and the other party can apply together for divorce. This is known as a Joint Application. When making a Joint Application, both parties are required to sign the application (you can each sign on separate days).

Sole Application

If you prefer, you can simply make your own Sole Application without the other party. If you are making a Sole Application, only you need to sign the application. See our FAQs page for further information.

How does it work?

1

Complete our online form

Then we prepare your personalised application for property settlement consent orders and send it to you by email within minutes.
2

Print and review

Download, print and review your completed Application for Consent Orders and Property Settlement eGuide (included free in every kit).
3

Sign and lodge with the Court

Sign and lodge your application with the Court.

Our Property Settlement eGuide (included free with your Property Kit) explains how to complete and lodge your application with the Court in plain easy to follow language.
Our friendly Support Team is also available to answer any questions you have along the way.

What are Consent Orders?

1

Court approved

A Consent Order is a written agreement that is approved by the Family Court. Separated couples (married or de facto) can apply for Consent Orders to finalise property settlement. You won’t have to attend any court hearings, as your application is processed internally by the Court.
2

Legally binding

When the Court makes Consent Orders for property settlement, the settlement becomes legally binding, providing a safe and effective way for couples to finalise financial matters at the end of a relationship.
3

What do I need?

To apply, you will need to prepare a correctly completed Application document together with a fully drafted Consent Minutes of Order document (the proposed orders requested by the parties). Our property settlement kits make the process simple.

Are there any hidden fees or charges?
We do not have any hidden fees or charges. Our Property Settlement Kits are just $249 (or $349 if you want to include a superannuation split).
The Court will charge a filing fee of $165 to lodge your application. We can assist you to seek a fee exemption which would reduce the Court fee to nil, if eligible.
By comparison, private lawyers typically charge thousands to prepare property settlement consent order documents.

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Surviving Separation Blog

Coronavirus Update: Changes to Family Court Proceedings
19 Mar 2020Family Law

Coronavirus Update: Changes to Family Court Proceedings

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At eDivorce Australia we take this opportunity to acknowledge the impact of the current Covid 19 / Coronavirus global pandemic on communities at the local and international level. We are grateful to our hardworking Support Team who will continue to provide ongoing support to our customers at this difficult time. We confirm we have enacted measures including remote working stations to ensure the safety and wellbeing of our customers and staff.

We wish to make our customers aware of the current response of the Family Courts in the face of the current crisis and how this may affect current and future Court Applications for Divorce, Property Settlement and Parenting Matters:

FROM THE FAMILY COURT OF AUSTRALIA AND THE FEDERAL CIRCUIT COURT OF AUSTRALIA

Managing the health and safety of the community, Judges and staff is our priority. Due to the escalating situation regarding COVID-19, and in anticipation of any further measures announced by Government, some urgent operational arrangements will be put in place effective immediately (unless otherwise noted) across the Family Court and the Federal Circuit Court (the ‘Courts’).

The aim of the new arrangements is to ensure that all urgent and priority matters are able to be dealt with safely by the Courts, whilst at the same time, ensuring appropriate social distancing is adhered to.

It is important to stress that the situation regarding COVID-19 is rapidly changing and the arrangements listed below are subject to change at short notice. It is expected that additional details clarifying the matters below, and updated protocols (for example, in relation to larger lists), will be disseminated shortly (as early as later today).

Registrar events

Divorce Lists

  1. Where attendance is required, divorces will be conducted by telephone to the greatest extent possible, effective from Thursday, 19 March 2020 to the end of June 2020.
  2. Joint applications – will be done by Registrars on the papers and parties are not required to attend Court. If a party has selected to attend at Q2(a) of the divorce application, they will be advised that attendance is not required.
  3. Sole applications –
    • Court attendance is not required if there are no children of the marriage. Parties and lawyers should not attend Court in-person under any circumstance.
    • Court attendance is required (by the Act) if there are children under the age of 18 years. Attendance should be via telephone and parties and lawyers are requested not to attend Court in-person.
    o Applicants will be sent an email advising that they are to attend a virtual courtroom and will be provided an AAPT number to dial-in to the virtual courtroom.
    Communication to lawyers/parties
  4. Where there are children under the age of 18 years, and Court attendance is required for sole applications, registry staff will send emails to lawyers and applicants advising that attendance should be via telephone.
  5. If the applicant is seeking orders for dispensation of service, these will dealt with by telephone.

Conduct of divorce lists

  1. Divorce lists will be staggered into three time slots per day. Each time slot will have a maximum of 10-12 matters listed. The list will be split between two Registrars, facilitating staggering and telephone attendances.
  2. Matters will be listed to the end of June 2020, allowing for increasing adjournment slots in July and August.

Up to date information may be found at the Courts’ websites:
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/online-services/covid/covid-news-hp
http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/online-services/covid/covid-news-hp

Enquiries
Urgent enquiries regarding specific matters should be directed to the Chambers of the relevant Judge.

Assistance, including necessary adjournments, should be directed at first instance, to Michael Raine, via michael.raine@familycourt.gov.au or (08) 8219 1641.

General court-related enquiries can be directed to the National Enquiry Centre by email: enquiries@familylawcourts.gov.au or telephone: 1300 352 000.

 

We hope you found today’s blog useful. Please do not hesitate to contact us if you have any feedback or queries.

Kind Regards,
The eDivorce Team

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