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Get Legal Advice from a Divorce & Separation Lawyer today

Having an experienced divorce lawyer (a family lawyer) on your side can ensure that you achieve the best outcome, whether that is negotiating a divorce agreement that meets your needs or fighting for your best interests in court.

While you can complete an application for divorce yourself, you may wish to hire a family lawyer to avoid making mistakes and save you time, effort and stress, especially when you’re not familiar with family law processes and terminology.

If you husband or wife has a family lawyer, then you should think about hiring a lawyer to negotiate on your behalf. Your family lawyer will have experience in what you should expect and also be able to obtain full financial disclosure from your former partner.

Whether you were married or in a de facto relationship (or same sex relationship), binding financial agreements that set out how your property, assets and debts will be divided are only binding once you and your former partner have each received independent legal advice from a family lawyer.

Use LawTap to find and book a confidential appointment with the best divorce lawyer near you today.

What legal fees can I expect a Divorce Lawyer to charge?

During your first consultation with a family lawyer, make sure that you ask what legal fees will be charged, what court costs you can expect and how you will be charged. Family lawyers tend to offer a range of payment options and fees can usually be categorised into:

  • Hourly rate - where you intend to go to court, most family lawyers will charge you for the hours involved in resolving your divorce and family law matter. Your family lawyer should give you a costs agreement to sign or a quote and update you at each stage so that you can manage your costs.
  • Fixed fee - usually for consultations for legal advice (for example 1 hour advice and strategy sessions) and only matters that are straightforward and there is mutual agreement, such as preparing a simple divorce application, binding financial agreement or consent orders.
  • Family Court filing fees - these are mandatory fees charged by the Family Court. In some circumstances, your family lawyer may be able to get you a reduced rate for these fees.

When can I get a divorce?

For the Family Court (or Federal Circuit Court) to grant a divorce:

  • You must have been separated from your husband or wife for at least 12 months and one day.
  • Your marriage must have broken down and there’s no reasonable likelihood that you’ll get back together (the Court doesn’t consider why your marriage broke down because there is no-fault divorce in Australia).
  • If you have any children under 18, you must have made proper arrangements for them.

Areas of Law related to Divorce & Separation Law

Family Law
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  3. Divorce & Separation Lawyers