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Divorce & Separation

We understand divorce and separation can be difficult. Our expert family lawyers ensure you quickly get the best outcome possible for you and your family, so you can forge your future.

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Cost of a Family Lawyer

How our family lawyers can help with your divorce/separation

Property Settlement

A property settlement, also known as a financial separation is the formal legal separation of the financial assets of a couple.

Parenting (Child Custody)

When two parents separate, it can dramatically impact a child’s life and the best interests of the child are considered in child custody.

Mediation

Mediation is compulsory in family law matters and often required in property settlement matters.

Financial Agreements

Binding financial agreements are complex family law documents that essentially override the Family Law Act.

Divorce Applications

Divorce applications can be made 12 months after separation. They can be made by one party or jointly.

Court Representation

You don’t necessarily need a divorce lawyer at each court event, however, in most cases, it is a good idea.

Consent Orders

To formalise parenting or financial arrangments parties will usually enter into a consent order.

Domestic Violence Orders

You can apply privately for a domestic violence order or with the help of a domestic violence lawyer.

Child Protection

Child Recovery Order

Child recovery orders can be made by the Family Law Court whether or not existing court orders are in place regarding custody.

Prenuptial Agreements

There are many pros and cons of prenuptial agreements, and they can be costly if not done right.

Paternity (DNA) Testing

Failure to obtain a DNA test can result in someone paying child support when they are not the biological father of the child.

De Facto Relationships

When determining property division, the same principles that are applied to marriages are also applied to de facto relationships.

We can help you through your divorce/separation.

Forge Legal’s family lawyers are specialists in all areas of family law and can assist you with all legal matters in your divorce/separation.

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Frequently asked questions

A divorce is an order from the court that dissolves a marriage between two people, recognising that they are no longer married. The divorce process in Australia is a ‘no-fault’ system that means neither party must provide reasons as to why they wish to divorce.
In order to file for a divorce, you must prove that you and your ex-partner have been separated for 12 months and one day.
You can apply for a divorce by filling in an online form. It is helpful to seek legal advice during this step to ensure you have filled out the form correctly. Once you have completed the form, you must swear or affirm the form in front of a lawyer or Justice of the Peace. This means that you have attested the validity of the form. You must then file your application to the Family Law Registry.
The current fee for filing for a divorce in Australia is $900. However, you may be eligible for a reduced fee of $300 if you have a health care card, pensioner concession card, seniors’ health card or any other card issued by the Department of Families Housing Community Services and Indigenous Affairs or the Department of Veterans’ Affairs that certifies your entitlement to Commonwealth health concessions. You may also receive a reduced fee if you are under 18 years of age, have been granted legal aid, are receiving youth allowance, are an inmate of prison or are experiencing financial hardship.
It will take at least four months to obtain a divorce certificate, however if you are encountering problems with your ex-partner, the process may take longer. Seeking legal aid can help the process flow more smoothly and quickly. You should not plan to remarry until you have received your divorce certificate.
Separation under one roof refers to a couple that have separated but continue to live in the same house. This arrangement could be for days, weeks or years following the initial separation. If the parties have lived separated under one roof for the required 12 month and one day period, they may also be required to submit further information to the court to validate the situation.
If you have children under the age of 18, the court may postpone the divorce until arrangements can be made for the children. The details of these arrangements must be explained to the court before the divorce can proceed.
You are free to revert to your maiden name after a divorce without asking the permission of your partner, however in order to change your child’s surname, both parents must agree.

Our award-winning divorce lawyers

Hayley Kennedy Family Lawyer

Hayley Kennedy

Hayley delivers expert legal advice across all areas of Family Law and Wills and Estates, also providing advice in many areas of Property Law, Civil Disputes and Criminal Law.

Tracey McMillan Family Lawyer

Tracey McMillan

Tracey is direct and strategic but compassionate. Tracey goes the extra mile and genuinely takes each of her matters to heart, treating them as if she were representing her own family.

Cameron Martin Divorce Lawyer

Cameron Martin

Cameron is a passionate family lawyer and gets great satisfaction from assisting his clients through and after separation. He also practices in domestic violence, criminal and traffic law.

Trusted by thousands of clients

I needed a divorce lawyer I could trust. And I trusted Forge completely.

James Smith

In my darkest times Forge’s family first approach made me feel comforted and safe.

Joanne Jones

I was suprised by Forge’s holistic service. They were so much more than just great lawyers.

Abigail Whitehaven

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