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  1. #1
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    Unhappy Applying for a divorce

    Hi,

    Sorry if this is the wrong forum to be posting my question. I had a look at the family courts website and to apply for a divorce costs $795! Currently and due to separating from my husband 1 year ago I am getting some help from Centerlink.

    Does anyone know if I could get a reduced rate? Or is both partners supposed to apply together? We attended mediation towards the end of last year. Everything in relation to our children seems to be amicable.

    What is the first step in this process? Do I need to find a lawyer or just collect and submit all necessary forms directly to the courts?

    Thanks & hope you can help.

    Cheers

  2. #2
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    You can apply for a reduction of the filing fee if you are in receipt of a Centrelink pension, you are being helped by Legal Aid or a community legal centre or if you can prove financial hardship. Have a look on the family court website for the form or give the court a call to send you out a form.

    If your ex is working and you apply together you will have to pay the full filing fee so if he won't pay it or most of it, it will be cheaper to apply yourself and have the application form served on him.

    You do not need to pay a lawyer to represent you for a divorce as it is very straight forward. If you want some advice or help completing the form go and see a solicitor at your nearest community legal centre.

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  4. #3
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    you can apply for the fees to be waived by filling in a form and if they approve it will cost you nothing.

    to be eligable you must be the sole applicant and have your ex served with the papers etc.

    if you file jointly you will have to pay

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    PeppermintPaddy  (22-03-2012)

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    The reduced fee is $60 not free.

    If he is also on Centrelink and other examples I listed above you can still apply together and the fee will be $60.

    The full fee is $550.

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  8. #5
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    Quote Originally Posted by pynk View Post
    It was free in January when I helped a friend file theirs
    I have never heard of it being free (since fee structures were changed that is) so if your friend was able to have it reduced she was very lucky.

    I am happy to be proved wrong but OP be prepared for having to pay a small fee.

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    PeppermintPaddy  (22-03-2012)

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    It is A LOT easier to apply together if you have children, if you have children and file separately you both have to show up in court. If you file it without your husband will be cheaper.

    If you file together then you both don't need to attend the court hearing, you just send in all your stuff and as long as there is grounds for a divorce, you've lived separated for 12 months and you can show you have things with the kids sorted it will be granted. It will cost the full fee but could you split it with your ex?
    Good luck! It's pretty easy

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    PeppermintPaddy  (22-03-2012)

  12. #7
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    If its a sole application you can get a reduced fee of $60. You need a centrelink pension or health care card, or a way to show financil hardship.

    If its a joint application, I believe the fee is about $80.

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    PeppermintPaddy  (22-03-2012)

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    I think the fee changes state to state... DP paid $440 I think for his, it was filled together but he got stuck paying for it

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    PeppermintPaddy  (22-03-2012)

  16. #9
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    My husband works full time. I have emailed the family courts to ask for the papers to be posted to me. Hope they don't take ages to complete. I think I am just feeling nervous about them being served on him. First time going through this .


 

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