FAQs & Guides

In Australia, you must be separated for 12 months before applying for divorce. Once you file your application, the court typically processes it within 4-6 months. We guide you through each step to ensure all documentation is completed correctly and help make this complex process more manageable for your family.

De facto couples generally have similar property rights under the Family Law Act 1975 if you’ve lived together for at least two years. However, some differences apply, particularly for couples who separated before March 1, 2009. We’ll assess your specific situation and explain your rights and options clearly.

The court’s primary focus is always the best interests of the children. Arrangements cover where children live, time spent with each parent, and decision-making responsibilities. These arrangements can be modified later if circumstances change significantly. We help create solutions that prioritise your children’s wellbeing.

Legal costs vary depending on your matter’s complexity and whether it requires court proceedings or can be resolved through negotiation. During your consultation, we’ll provide an honest assessment of your case and explain potential costs clearly, working with you to find cost-effective solutions.

Yes, and we often recommend alternative dispute resolution methods like mediation where appropriate. These approaches can be less emotionally and financially demanding for families. However, when court representation is necessary to protect your rights, we’re prepared to advocate for your family’s interests.

The Family Law Act requires that you be separated for not less than twelve months before you can file an application for divorce.

Now, you should file an application for divorce in the Federal Circuit Court.

In some situations, although you and your spouse may reside under the same roof, you may still be classified as separated. You will, however, need to prove to the Court that the marriage relationship had broken down. This can be shown, for example, by sleeping in separate bedrooms, not going out socially as a couple and not preparing each other’s meals or performing household duties for each other. It may be advantageous if an independent adult third party would be willing to provide evidence in relation to their observations about you and your spouse being separated.

You are required to serve your spouse with a copy of the application for divorce. You can do this one of two ways:

• By personally serving your spouse with a copy of the application, which will have on it the time and date of the divorce hearing. Please note that you are not allowed to serve your spouse yourself. You may either engage the services of a licensed commercial agent or have an adult friend serve your spouse; or alternatively,
• You may serve your spouse by post. You will need to enclose a form, known as an Acknowledgment of Service, which your spouse will need to sign and return to you.

You will need to provide the Court with proof that your spouse has been served with your divorce application.

Sometimes, a spouse may move interstate or overseas and you may not be aware of their current address. An application can be made to the Court to dispense with service or to serve the application upon a relative or someone who you know is in regular contact with your spouse.

On the day of the hearing a Divorce Order will be made but the Divorce Order will not take effect until the expiration of one month from the date of the making of the Order. Please note that you will not be able to remarry before the Divorce Order takes effect.

Oliver Hagen and his team have vast experience in handling divorce applications. We can provide initial advice on your divorce application and the likely success of that application. We can also prepare your divorce application and appear if necessary in the Federal Circuit Court.

Although children of a de facto relationship are not children of a marriage, they are dealt with under the Family Law Act. The Court will consider what is in the best interests of the children and, since July 2006, there has been an amendment to the Family Law Act in relation to children regarding shared responsibility of children. The Court will also consider the time that the children spend with each parent and what will, ultimately, be in the best interests of the children.

Although parents of children from a De Facto Relationship are not married, any dispute regarding children may be heard in either the Family Court of Australia or the Federal Circuit Court.

One of the most important issues following the breakdown of any relationship is ensuring that the interests of the children are taken into account. When making decisions in relation to the children of a relationship, the Family Court or the Federal Circuit Court must make a decision which is in the best interests of the children and whether there is Shared Parental Responsibility. There are a number of factors which are taken into account which include:

• the child’s relationship with both parents;
• the wishes of the child;
• the effect on the child of any separation from a parent;
• the practical difficulty and costs of the child spending time with a parent;
• the ability of each parent to care for the child;
• the attitude of the parents to the child and their parenting.

Many other factors are also taken into account.

There can be no more emotional issues after the breakdown of a relationship than deciding with whom the children shall live and when the children will spend time with the other parent.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with disputes involving children of the relationship including:

• providing initial advice as to the children’s issues;
• negotiating with your partner or their legal representative;
• appearing on your behalf in the Family Court.

Each of the parents of the child is liable to pay Child Support. Parents must be resident in Australia in order to be liable to pay Child Support in accordance with an administrative assessment by the Department of Human Services. There are special provisions in relation to parents who live overseas.

It is not compulsory to have an administrative assessment by the Department of Human Services. Parents can enter into their own arrangements in relation to Child Support. Alternatively, the parents may enter into a written Child Support Agreement which is registered with the Department of Human Services.

Child Support is calculated under a formula set out in the Child Support (Assessment) Act. The formula requires the liable parent to pay a percentage of their taxable income as Child Support.

The Department of Human Services prefers parents to make arrangements between themselves for the payment of Child Support. If the parties do not agree to do it this way, payments can be collected by the Department of Human Services. Sometimes it is collected from the liable parent’s employer out of their wage or salary.

Oliver Hagen and his team have vast experience in handling child support disputes. We can advise you on how much child support you should receive or pay. We can also provide guidance as to how you can prepare an application to the Department of Human Services. We are also able to prepare and register Child Support Agreements and if necessary appear for you in Court.