Many of us know people and friends who find themselves in a marriage situation that may be breaking down. Some of us want to help, but may not know how to help.
What advise can we give them ?
Commonly one of the first options that people take is to go and see a lawyer. Well, that’s $200 to $500 per hour for starters, not sure if that should be the FIRST step.
I don’t have real answers, but I have collected some links, and think that people should make use of them, in whatever way might help.
Before the Separation
Family Relationships Online provides all families (whether together or separated) with access to information about family relationship issues, ranging from building better relationships to dispute resolution.
This site can provide Family Relationship Information for Children, Couples, Grandparents, Parents and Teenagers.
Separated, but living under one roof?
A Family Court Document that details the rules about this can be seen at:
Your Feelings: Anger, Sadness, Grief and more.
An excellent web site called Chatfirst has a page on feelings, what feelings you may have, how they may affect you, and suggestions that could help. The specific page is at:
I do recommend reading this, for both the involved parties, and those that may wish to offer help.
Family Law
The official Australian Government website that provides more links for various agencies that may be involved with aspects of Family law in Australia is at:
This site includes links to the Child Support Agency, the Family Court of Australia, Family Relationship Centres and the Family Relationship Advice Line.
How much does a Divorce cost ?
How long is a Piece of string is a very similar question, in regard to the possible answer. However, some initial research that I have been given shows that a very simple amicable divorce, where both parties have agreed all financial divisions, and any child living arrangements have been amicably agreed, can be carried out by a legal firm for between $2,500 and $3,000. This can, it appears, be done by just one solicitor acting for both parties, assuming they both wish this.
When things are not agreed by both parties, the costs obviously rise, with legal costs now doubling up, due to both parties each paying a separate Legal firm. $10,000 to $15,000 may be a figure that each party ends up paying, depending on how much time the Solicitors spend arguing with other on your behalf.
If that still does not reach an agreement by both parties, then the Court action comes into the action. If each party can budget for $50,000 to $100, 000+ then this is a course of action open to them.
Trying to reach an agreement before even talking to a solicitor, does sound much more appealing, and may even have minimal cost if people can use a DIY method, and do it themselves, even using an Online Divorce method (see below).
When can I get a Divorce?
People need to have been separated for 12 months before they can apply for a Divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. Source: www.familylawcourts.gov.au
How Do I get a Divorce?
You can get a free divorce kit from the family law courts website, which has all the forms you need or you can use the on-line form Federal Magistrates Court – Online Application for Divorce.
Who can get a Divorce
You can apply for a divorce in Australia if either you or your spouse:
- Regard Australia as your home and intend to live in Australia indefinitely, or
- Are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
Replies are moderated for language considerations, so please use common-sense, and assume people of all ages are reading this.