Leading Divorce Lawyers on the Central Coast

Going Through a Divorce? We’re Here to Help.

Going through a divorce can be one of the most challenging times in your life. At Conditsis Lawyers, we understand the emotional and financial toll it takes and are here to guide you through every step of the process. Our compassionate and experienced team of family lawyers is committed to helping you navigate the complexities of divorce with clarity and confidence.

Our Divorce Services

Our team is equipped to assist you with all aspects of divorce, including but not limited to:

Property Settlements: Ensuring fair distribution of assets and financial matters.
Child Custody: Advocating for your children’s best interests, whether through parenting plans or court orders.
Spousal Maintenance: Navigating financial support arrangements post-separation.
Divorce Proceedings: Managing all legal paperwork, filings, and court appearances.
Mediation & Dispute Resolution: Helping you resolve issues without the need for court intervention when possible.

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Applying for a Divorce

To apply for divorce, it is a requirement that:

There is an irretrievable breakdown of your marriage;
You and your former spouse have been separated and living apart for 12 months; and
You and your former spouse have made proper arrangements for the care and welfare of your children.

International Marriage

If you were legally married overseas, and if that marriage would be considered a legal marriage if it had taken place in Australia, then, that marriage would be recognised in Australia.

Accordingly, in most cases, parties who were married overseas but now reside in Australia would be able to file an Application for Divorce in Australia provided they satisfy the above criteria to be Eligible for Divorce.

Same Sex Marriage

From 9 December 2017, same sex marriages are recognised in Australia. It does not matter whether the marriage took place:

Before or after 9 December 2017; or
Overseas (if recognised as a valid overseas marriage).

Accordingly, same sex couples can apply for a Divorce Order, provided they satisfy the above criteria to be eligible for divorce.

How to apply

To apply for a divorce an Application for Divorce form needs to be completed and filed electronically with the Federal Circuit Court or the Family Court of Australia. A divorce lawyer will be able to help you with completing an Application for Divorce.

Sole Application

If a sole application for Divorce is made, the person making the application will be required to serve a sealed copy of the Application for Divorce on the other party.

The Applicant is not permitted to personally serve the documents on the other party, and as such will need to engage a third party, such as a process server.

An Affidavit of Service will also need to be filed at least 28 days before the Hearing date, to satisfy the Court that service has been affected on the other party.

If service of the application on the other party is unsuccessful, an application for substituted service may be made to obtain the Court’s permissions to serve the application in some other way.

If there are children of the marriage under 18 years of age, both parties will be required to attend the hearing and satisfy the Court that suitable arrangements have been made for the care and welfare of any children.

If there are no children under the age of 18 years, the parties are not required to attend a divorce hearing however, they may attend if they wish.

Joint Application

If a joint application for Divorce is made, the is no requirement to file an Affidavit of service.

Further, attendance at the Hearing is not required if the Application for Divorce is a joint application, even if there are children under the age of 18 years. However, parties may attend the Divorce Hearing if they wish.

Costs

We understand that the financial aspect of legal proceedings can be a significant concern. Here’s what you need to know about the costs associated with divorce:

Filing Fee: As of 1 July 2024, the filing fee for a divorce application is $1,100. In certain circumstances, the Court may reduce this fee to $365.00.

It’s important to note that family law matters can experience delays due to court backlogs, which may affect the duration and, potentially, the cost of proceedings

We recommend scheduling a confidential consultation to discuss your specific situation and receive a tailored estimate of potential costs.

Why Choose Us?

At Conditsis Lawyers, we bring a combination of expertise, empathy, and a client-centred approach to every case. Our family lawyers have extensive experience handling complex divorce cases and are committed to delivering clear and effective legal advice that prioritises your best interests. We believe in providing compassionate support while advocating for your rights and helping you make informed decisions.

How We Can Help

Our process begins with a free first confidential consultation, where we take the time to understand your situation, explain your options, and provide clear legal advice. From there, we’ll guide you through the divorce proceedings, ensuring all necessary steps are taken to secure your financial and emotional well-being. Whether it’s mediation, property division, or child custody matters, we’ll be with you every step of the way.

Ready to take the next step?

If you’re ready to take the next step or simply need advice, contact us today for a confidential consultation. Our team is here to support you through every step of the divorce process, providing the guidance and legal expertise you need to make informed decisions.