ALFA Lawyers Divorce Melbourne CBD

Divorce, Family Law, & Wills

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

DIVORCE

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 Federal Circuit and Family Court of Australia.

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, for example, we are negotiating a financial agreement for you. In these financial matters that usually accompany a divorce, 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 the financial settlement you are seeking.

We invite you to call us to speak with an experienced lawyer for a complimentary case assessment and for more information on our skills and abilities in this important area.

HOW MUCH DO WE CHARGE YOU?

Joint Application Divorce (if no court appearance required)

FIXED FEES FROM $995 +GST

If your spouse does not dispute your Application no court appearance is usually required. In that case, we will charge a fixed fee of $995 +GST. 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 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.

Please note there is a Federal Circuit and Family Court of Australia filing fee of $1,060 (as of September 2023) applied to all Divorce Applications. (This fee can be reduced by the Court in special circumstances.)

We offer a complimentary case assessment regarding your divorce. Please contact our office to talk directly with a knowledgeable divorce lawyer who will discuss your circumstances, assess your case, and talk about our fees.

Sole Application Divorce (including court appearance)

If your matter becomes more complicated, for example, if your spouse refused to co-operate, or files a Response and disputes your divorce Application, and you need to file a "sole" application, or if there are children under 18 involved in your divorce, a court appearance may be required. In that case, our fixed fee may be higher. The fixed fee is for sole applications only, and it 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 Divorce Application affidavit.
Preparation and filing of your divorce Application at the Federal Circuit and Family Court of Australia.
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 from you, or for correspondence with your spouse or their solicitors, or if court affidavits are required, or If we need to complete any other legal work for you in a sole divorce application, extra fees may be payable using the Family Court Rules Scale of Costs. We will advise you in advance if this becomes necessary.

Disbursements and out-of-pocket costs for all divorce applications are also payable (and will be billed to you at cost), and include the following:

There is a Federal Circuit and Family Court of Australia court filing fee of $1,060 (as of September 2023) for all divorce applications. (This government fee can be reduced by the Court in special circumstances.)
A fee is payable for "personal service" on your spouse of the Divorce Application, if required. This cost is usually about $150 per service, but can be more expensive if your spouse lives out of state or overseas.
Any other disbursements made on your behalf (if required), are also billed to you at cost.

FINANCIAL AGREEMENTS

FIXED FEE or COMBINATION FIXED FEE and SCALE RATES

We accept family law clients requiring financial agreements residing in all Australian States and Territories except Western Australia (as they have slightly different family laws and family courts.)

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 fixed fees for this important family area.

We recommend that you compare our fees with other firms before choosing a lawyer. Our fees are 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 Law Rules 2004 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.

WILLS, ENDURING POWERS OF ATTORNEY, MEDICAL DECISION MAKER APPOINTMENTS

We can:

Make your will, or challenge a will in which you believe you have a legitimate claim
Make an application for Probate or Letters of Administration
Create Enduring Powers of Attorney to help you control your life financially
Help you appoint a medical decision maker to make crucial medical decisions for you when you cannot

Do-it-yourself wills are a very high risk for your family. We can draw your Will for a reasonable fixed fee package including an enduring power of attorney, and appointment of medical decision makers. A professionally drawn Will is less expensive than you think.

COMPLIMENTARY CASE ASSESSMENT

We cordially invite you to contact us now to obtain a complimentary case assessment with an experienced, knowledgeable, and friendly lawyer.