Book an Online Divorce
“The family law system in Australia is groaning under the weight of a vast backlog of more than 20,000 cases and families are waiting up to five years for bitter child custody and property disputes to be resolved.”
Sydney Morning Herald, 18 August 2018
Online Divorce Process
At Mediations Australia, we provide a fixed fee for our Online Divorce Service, which includes all fees related to getting a Divorce, provided that the application is made with your permission, that your spouse does not object to the Divorce Order and that the Court accepts the reasons for divorce (which usually occurs).
Commonly Asked Questions
Is it possible for me to get a divorce online?
If any of the following apply to you, our fixed price, Australia-wide Divorce Service is for you:
- Your marriage has ended;
- you’ve been married for at least 2 years;
- you’ve been living separately and apart for at least 12 months;
- your spouse has consented to your separation and divorce;
- proper child-care arrangements have been made for all children currently under the age of 18;
- and both you and your spouse have an Australian mailing address
Whether you responded no to any of these questions, please read our FAQs below to see if we can still assist you.
Alternatively, contact our Family Lawyers at Mediations Australia right now.
What exactly does this Online Divorce service entail?
Our Fixed Fee Online Divorce Service covers the following features:
- Completing the Application for Divorce;
- filing the Application for Divorce with the Court;
- communicating with your spouse on your behalf;
- and providing you and your spouse with a copy of the Divorce Order.
What exactly is included in the fee?
All of the expenses connected with getting a divorce are covered.
The Court enables a divorce application to be submitted three (3) months after the application for divorce has been uploaded on the Courts system. Within three (3) months of uploading the Application for Divorce on the Courts portal, if you and/or your spouse do not sign and make the Application for Divorce available to Mediations Australia in an approved format for filing with the Court, we will issue an invoice for work completed on your behalf in accordance with our client services agreement, which will be calculated at minimum intervals of six-minute units. If you decide to have Mediations Australia create a new divorce application on your behalf, any fees or charges that are invoiced will not be included in our projected costs of $1,180 and will represent a new agreement with Mediations Australia.
How much does it set you back?
The set charge for our services is simply $1,180. We will take care of everything during your divorce. There is also an extra obligatory Court filing cost of $940 that must be paid throughout this procedure. This will cost a total of $2,120 in total.
Is my application being handled by a Family Law Lawyer or not?
Yes, a member of our Family Law team will oversee the filing of your divorce application.
All communication will take place by email, telephone, or zoom, allowing for a more efficient and hassle-free divorce process.
What do I need to bring with me?
In order to submit your Divorce Application, we will ask you to make the following commitments:
You complete this online form; and 2. You submit a copy of any papers requested, which may include, but is not limited to, the following:
- You will need a copy of your Marriage Document (the official certificate issued by the Department of Births Deaths and Marriages or the appropriate State agency);
- Please include a copy of any previous financial or children’s orders that you and your spouse have entered into;
- Copy of any existing Domestic Violence Orders that may be in effect;
- If you were not born in Australia, a copy of your passport or citizenship documents will be required.
In addition to submitting a completed form, we offer an allowance of up to an hour to discuss the Application with you through phone, email, zoom in order to address any concerns that may emerge during the course of completing your Divorce Application.
What exactly are the mandatory Court fees?
In order to file an Application for Divorce, the Court requires the payment of a filing fee, which is presently set at $940. Every individual who applies for a divorce in Australia will be charged this amount, which is separate and apart from us taking care of everything else.
This filing cost may be reduced in some cases, depending on your individual situation. Unless you receive one of the following means-tested pensions or benefits, you will not be eligible for this reduction.
- Health care card;
- pension and concession card;
- Commonwealth senior health card;
- any card provided by Centrelink or the Department of Veteran Affairs that validates an eligibility to Commonwealth health subsidies;
- Youth allowance or Austudy or Abstudy payments.
However, in order to qualify for this decrease, both parties in the divorce must be receiving a pension or other government benefit.
What is the procedure for using Mediations Australia Online Divorce?
Following the completion of our online form, Mediations Australia will complete your Application for Divorce on your behalf.
After that, your Divorce Application will be submitted to you and your former partner for signature and completion.
Once we have received and processed your signed Application, we will submit it with the appropriate court.
After that, you and your former spouse will get a copy of the original Application, and the Court will schedule a hearing date with you. It is the Court’s policy to retain your original Divorce Application while providing you and your spouse with a sealed copy of the Application.
In all joint applications, regardless of whether or not there are children involved, there is no requirement for the parties to appear before the Court.
Upon receiving a favourable decision on your Divorce Application, the Court will issue a Divorce Order. One month and one day after it was issued, the Order becomes legally binding.
What is not included in the Online Divorce package?
Our Fixed Fee Online Divorce Service is for couples who have mutually decided that they intend to divorce and are seeking a fixed fee for that service. While we can still assist you if your husband does not consent to seeking a divorce, we will be unable to do so on a fixed fee basis. We encourage you to contact us for additional discussion on this topic.
Do divorce proceedings entertain matters relating to property or parenting?
Divorce proceedings do not address any issues pertaining to children or property distribution issues. These are two independent issues, and we urge that if you have split, you get legal advice immediately and meet with one of our family lawyers to address them.
How long will it take for my application to be processed?
When we get an application for online divorce, the first step for us is to ensure that the application has been signed by both parties who are willing to participate. These proceedings may take as little as a few days or as long as several weeks, depending on how simple it is for us to communicate with both parties and how quickly they react to us with a signed divorce application.
Once the application has been signed by both parties, we file it with the Court (with the relevant filing fee), and the issue is scheduled for a Divorce Hearing in approximately 6 weeks (on average). If the divorce is approved, a Divorce Order is issued one month and one day from the date of the Divorce Hearing, unless an extension is allowed.
The divorce becomes absolute and final roughly 10-12 weeks after we receive a fully completed and signed divorce application from the parties involved.
Is this divorce service available throughout the entire country of Australia?
Yes, this is a service that is available throughout Australia. NSW, QLD, VIC, SA, WA, NT, ACT, and Tasmania are all covered.
If I haven’t been married for at least two years, what happens to my application?
There are two possibilities available to you.
Counselor Certificate — You and your spouse will need to meet with a marriage counselor who has been approved by the court (either in person, through teleconference, or via video chat) to discuss the reasons for your divorce. As long as the counselor is pleased with your situation, they will present you with a certificate, which we will submit to the court in conjunction with your online divorce application. There will be additional fees involved with seeing a counselor in this situation.
File an Affidavit – We can create and file an Affidavit with the Court on your behalf that clearly describes the reasons for your separation or divorce. A fee for this will be assessed (an estimated 2 hours of the lawyer’s time).
When I haven’t lived apart for at least 12 months, what happens?
If you and your spouse have been living in the same house while separated, we can create and submit an Affidavit with the Court to demonstrate that, notwithstanding your living circumstances, you have been separated for a minimum of 12 months. In comparison to the Affidavit mentioned previously, this one is more complicated. A fee for this will be assessed (an estimated 2.5 hours of the lawyer’s work).
What happens if my former spouse does not agree to a divorce? What options do I have?
Given the fact that it is very dependent on your circumstances, we urge that you contact our Family Law Team for assistance.
What happens if I have to resolve a property dispute?
Divorce and property settlement are two distinct processes that must be completed separately. It is not necessary to do them both at the same time. Although it is an emotionally demanding process, getting divorced is a legal procedure that does not entail discussions about economics, property, or assets. It is merely a matter of legally dissolving your relationship.
A property settlement is a complicated legal process that establishes the financial foundation for your financial future… And once you’ve filed for divorce, you’ll only have 12 months to submit an application for your property division. As a result, if your divorce is still ongoing, we urge that you consider starting the property settlement process as soon as possible (before you divorce).
Separated but Under the Same Roof
It is not unusual for a married couple to split yet continue to live under the same roof after they have divorced. If the couple wants to satisfy the court that they no longer share a bed, conduct domestic tasks together, and socialise together, they will need to submit witness testimony or other forms of proof that they no longer do these things.
Is it necessary for me to obtain a divorce?
No. Even if you are separated from your spouse, you might opt to stay legally married to him or her. However, it is possible that your former husband will file for divorce on your behalf instead. If you wish to get married again, you must first be divorced. If you are separated from your previous spouse but have not yet divorced, it is possible to get into a de facto relationship.
There are additional considerations to consider once you have divorced, such as amending your Will or creating one if you haven’t already done so.
No matter whether you were married or in a de facto relationship at the time of your separation, you should consult with one of our Family Lawyers about the broader ramifications of your separation.
Is it possible for me to alter the surnames of my children now that I have separated or divorced?
Changing the surnames of your children will require either the consent of the other parent or an order from the court if this is your intention. In the event that you are unable to gain the consent of the other parent, our Family Lawyers can provide you with guidance on what you should do next.
When I got married, I took on the last name of my spouse. Is it possible to alter my name before getting divorced?
Yes. If you wish to use your maiden (or birth) name, it can be as simple as producing your birth certificate to a specific organisation, such as Medicare, and explaining your situation.
What if I chose to be married in a foreign country? Is it still possible to seek a divorce in Australia?
Yes. As long as you fulfil the conditions of either being an Australian citizen or being a permanent resident of Australia who has been there for at least 12 months prior to filing for divorce, you are eligible to file for divorce in Australia. A copy of your marriage certificate will be required to be submitted with your divorce application. If the certificate is not in English, it will need to be translated before it can be presented to the Court.
What should I do if I am unable to locate my spouse in order to serve him or her with the application?
In this instance, you can still file a claim with the court system. You must, however, demonstrate that you have made an effort to seek your spouse. If you are unable to locate their address, you can submit an Application for Substituted Service with the court. It is possible to serve this application by alternate ways, such as on a family member or by a third party, in which case it is served to a family member of your spouse on their behalf. If the application is successful, the Court will permit papers to be served to the family member by electronic means (i.e. email or Facebook).
Keep in mind that the additional legal work required will increase your charges and cause the final Divorce Order to be delayed.
What effect would divorce have on my estate plan?
If you divorce your spouse, both parties should create separate wills. In addition, we propose that you remove your spouse from your superannuation and life insurance beneficiary designations. It is recommended that you seek Will and Estate Planning guidance if you have not revised your will since your separation.
It’s also worth noting that a Power of Attorney is immediately withdrawn upon the divorce of a couple.
Hearings on Divorce Petition Applications
As long as both couples jointly file for divorce and there are no minor children under the age of 18 involved in the process, neither party is required to appear in court to finalise their divorce.
Get help from our Mediations Australia