Copyright 2019 ALFA Lawyers Pty. Ltd. | ACN 154 341 394 | Tel: 03 9823 1468

The information on this site is not legal advice. You should consult our lawyers for advice on your own situation.

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Divorce, Family, and Personal Law

WE CAN ASSIST YOU WITH YOUR DIVORCE, PROPERTY AGREEMENTS, OR WILLS
 
DIVORCE

In the process of acting for you, we help you safeguard and enforce your legal rights in the most efficient and economical way possible, and to enforce both the concept and the reality of accountability in your spouse or partner.  Skilful evidence gathering can be crucial to your success when negotiating a financial agreement. In these financial matters, our forensic audit skills combined with our legal capabilities put us in the best possible position to gather sufficient and reliable evidence to support your case for a fair and just financial settlement. We invite you to make an appointment for a free case assessment, for more information on our abilities in this important area.

No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract. Australia’s laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the Family Law Act 1975, which established a “no-fault” divorce in Australia. Since 1975, a divorcing couple need only establish a twelve-month separation; they need not show either party is at “fault” for the divorce to be granted by the Family Court of Australia.

HOW MUCH DO WE CHARGE YOU?
Divorce With Joint Application (If No Court Appearance Required)
FIXED FEES FROM $990

If your spouse does not dispute your Application no court appearance is usually required.  In that case, we will charge a fixed fee of $990.  This fixed fee is for joint applications only, and includes the following:

  • Our conference with you to take your instructions.

  • Advising you on your rights and obligations.

  • One meeting with you (and your spouse, if required) to sign the Application affidavit.

  • Preparation and filing of your divorce application at the Federal Court.

  • Supply the certificate of divorce to you.

Please note that if extra attendances are required, for example, if a court appearance is required, or extra attendances to take instructions or to sign the Application, or if lengthy affidavits are required, such as in circumstances where you are living under the same roof with your spouse during your separation period, extra fees may be payable.  

Disbursements are also payable, as follows:

  • The Federal Circuit Court / Family Court filing fee of $910.  (This fee can be reduced by the Court in special circumstances.)

We also charge a reasonable fixed fee for sole divorce applications.  Please contact our office for details.

Divorce With Sole Application 

If your matter becomes more complicated, for example, if your spouse files a Response and disputes your divorce Application, and you need to file a "sole" application, or if we need to brief a barrister on your behalf, or if there are children under 18 involved in your divorce, a court appearance may be required.   In that case, we will charge you a fixed fee of $1,300.  This fixed fee is for joint applications only, and includes the following:

  • Our conference with you to take your instructions.

  • Advising you on your rights and obligations.

  • Our meeting with you to sign the Application affidavit.

  • Preparation and filing of your divorce Application at the Federal Court.

  • One court appearance on your behalf.

  • Supply the certificate of divorce to you.

Please note that if extra attendances are required, for example, to take instructions or to sign the Application, or if affidavits are required, or If we need to complete further legal work for you in a complex divorce, extra fees may be payable at our standard hourly rate.  We will advise you in advance if this becomes necessary.

Disbursements and out-of-pocket costs are also payable, as follows:

  • The Federal Court charges a filing fee of $910 for all divorce applications.  (This fee can be reduced by the Court in special circumstances.)

  • A fee is payable for personal service of your Application on your spouse, if required.  This cost is usually about $220 per service, but can be more expensive if your spouse lives out of state or overseas.

  • Any other disbursements made on your behalf, including the cost of a barrister (if required), are also extra.

Any required disbursements will be billed to you at cost.

FINANCIAL AGREEMENTS
LOW FIXED FEE or COMBINATION FIXED FEE & SCALE RATES

Our lawyers can also certify and/or prepare the following financial agreements for you and your spouse or partner for a very reasonable fixed fee, or a combination of fixed fee and Family Court Scale of Costs:

  • Create cohabitation and prenuptial (or post-nuptial) Financial Agreements in order to secure your assets in a marriage or civil union, to help avoid future financial disputes in the event of a divorce or breakup of your union

  • Create Financial Agreements / Property Settlements following your separation or divorce

Please see our Financial Agreements & Property Settlements page for further detailed information on our low fees for this important area.

We recommend that you compare our fees with other firms before choosing a lawyer. Our fees can usually be based on a highly competitive fixed fee, or if you prefer, the scales of cost made under various rules of court (such as the Family Court Scale of Costs), or a very reasonable hourly rate. We let you choose. Our methods can give you the most cost-effective outcome in your matter. 

PERSONAL LAW - WILLS, POWERS OF ATTORNEY, ETC.

We can also help you to:

  • Make a claim in court (e.g. a personal injury or a building dispute), or to defend a claim made against you.

  • Make your Will, or to challenge a will in which you believe you have a legitimate claim.

  • Make an application for Probate or Letters of Administration

  • Create Powers of Attorney to help you control your life

  • Recover debts owed to you by way of loans of money to friends, relatives, or businesses

  • Resolve cases of potential or alleged financial elder abuse

 

For more information on our personal law services, please contact us at your convenience or make an appointment for a free case assessment.

FREE CASE ASSESSMENT

We cordially invite you to contact us to make an appointment for a free case assessment with an experienced and friendly lawyer who will help you to determine the nature of the legal issue, discuss the available options, and give you an estimate of costs to proceed with the matter.  Or telephone us to discuss you case with a lawyer.