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VIC Separation for 2 Years - When to Divorce and Costs?

Discussion in 'Family Law Forum' started by Derek Cunningham, 14 April 2015.

  1. Derek Cunningham

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    I have been separated for just over two years. Have three children a bitter ex-wife, and a girlfriend. I want to get a divorce. Where to start?

    I wish to have a divorce asap but have been putting it of because of possible costs, as I don't see my ex making it easy. I have no assets and am employed part time in a low earning job. Is there anything I can do?
     
  2. AllForHer

    AllForHer Well-Known Member

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    First, file for divorce. The application forms are available on the Family Court website.

    Next, get legal advice for what you can expect from a property settlement and care arrangements for the kids.

    After that, contact Legal Aid, Relationships Australia or another mediation facilitator to organise a family dispute resolution conference with the other party to discuss and try and reach agreement about property settlement and care arrangements for the kids.

    If family dispute resolution fails, you will be given a s60i certificate that is required to file an initiating application for property settlement and parenting orders through the court.

    There is a 12 month time limit after divorce is finalised to file for a property settlement. It's best to get the ball rolling as soon as possible as these sorts of processes take quite some time.
     
  3. Derek Cunningham

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    Thanks for that, but what are the initial costs. There is no property involved and at the moment my kids want minimal contact with me.
     
  4. Derek Cunningham

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    Very helpful, Thanks
     
  5. Tuchuzy

    Tuchuzy Well-Known Member

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    Double check the Family Court website - pretty sure if you file jointly there is no application fee. But if you file, then there is a fee on application.

    Then there are legal fees such as solicitors time, unless you DIY.

    The website is great and chat to a Family Court rep online for the forms and fees - they will email you links and paperwork.
     
  6. Derek Cunningham

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    thanks
     
  7. AllForHer

    AllForHer Well-Known Member

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    A divorce application costs $845, but if you're a low-income earner and have a concession card, you may be eligible for the reduced fee, which brings it down to $280. I believe there used to be a different fee for divorce applications filed jointly, but I can't seem to find this information anywhere on the court website, so it would be worthwhile contacting the Family Law Registry to clarify if these different fees still exist.
     

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