Simply Divorce and Consent Orders

A joint divorce application is suitable when both parties agree to the dissolution of their marriage and are willing to sign the divorce application together. Attendance in court is not required, we will work with you through the joint divorce application process to ensure a smooth, accurate and the quickest divorce filing.

We offer:

• Clear explanations of the documents required.
• Assistance with the preparation of your joint divorce application on the Commonwealth Court Portal and the necessary supporting documentation.
• Amendments to the documentation if required.
• Continuous support to the completion of your matter.
• A sealed copy of the certificate of divorce to both parties.
• Please note that a Court filing fee of $1,125 applies in addition to our fees.

If you are ready to proceed with a joint divorce application, we can initiate the process immediately.

Where circumstances for filing a joint divorce application may not be appropriate, we will assist you in preparing a sole divorce application independent of your spouse.

A sole divorce application allows you to initiate divorce proceedings without requiring your spouse’s signature on the application, so you can proceed even if your spouse is unwilling to participate. As part of a sole divorce application, a copy of your filed legal divorce documents must be served on your spouse. If your spouse is represented by a family lawyer there will be no process server fees if their family lawyer has been instructed to accept service. We will work with you through the sole divorce application process to ensure that all documentation is completed and filed correctly in accordance with the court’s sole divorce application regulations.

A telephone court hearing may be necessary for your sole divorce application. (* Note this is necessary when there are children of the relationship under the age of 18).

We offer:

• Clear explanations of the documents required.
• Assistance with the preparation of your sole divorce application on the Commonwealth Court Portal and the necessary supporting affidavits.
• Assistance with the preparation and filing of the necessary service documents.
• Amendments to the documentation if required.
• Continuous support to the completion of your matter.
• A sealed copy of the certificate of divorce.
• Please note that additional process server fees of approximately $250 (if necessary) along with the court filing fee of $1,125 applies in addition to our fees. (if you hold an appropriate concession card, the court filing fee is reduced to $375).

If you are ready to proceed with a sole divorce application, we can initiate the process immediately. If you have any questions or require divorce paperwork help, please do not hesitate to contact us for a free no obligation discussion.

Consent orders are formal agreements approved by the Family Court that facilitate the amicable resolution of parenting and property disputes without the need for a court attendance. Court approved property settlement consent orders and parenting consent orders are legally binding and hold the same enforceability as court approved consent orders issued following a hearing.

If you would like to self-file your application for consent orders, we can assist you by guiding you through the process. We provide assistance with the documentation preparation along with the necessary Minutes for orders and other supporting documents for compliant filing.

You can download the application and necessary documents from the Family Court website via the link below:

consent_orders_kit_0625v3.docx

If you have already filed your application with the Court and it has been requisitioned (rejected); we can assist you to complete the application to ensure successful filing with the Court.

Please note that we are not family lawyers, we do not provide legal advice. To understand your entitlements, legal rights, responsibilities and the impact of the law in your circumstances we recommend that you seek the legal advice of a qualified family lawyer before commencing the consent order application process.

Parenting Consent Orders Can Include:

• Where the children will live.
• How much time they spend with each parent.
• Schooling and medical care.
• Communication with parents and other relatives.
• How future decisions will be made together.

Property Consent Orders Can Include:

• Who keeps the family home or how the proceeds of sale need to be divided.
• How savings, shares, or superannuation are divided.
• Payment of debts or loans.
• Transfer of car ownership or household items.
• Spousal maintenance if one party needs financial help.

If both parties are in agreement with respect to all the terms of their parenting and property settlement, they can make an application for consent orders. The Family Court will only approve consent orders if:

• They are fair and equitable for property matters.
• In the best interest of any children for parenting matters; and
• The Minutes of orders outlining the agreement itself are drafted in legal terms.

We offer:

• A comprehensive review of your application for consent orders and Minutes of consent orders along with any additional supporting documents necessary, highlighting any key information and answering your queries surrounding the preparation of the documentation.

If you have any questions about the application for consent order process and a final draft of the consent order documents for a property or parenting settlement that you would like reviewed before signing and filing with the Court, please do not hesitate to contact us for a free no obligation chat.