Summary
In Australia, divorce requires a 12-month separation period and can be filed online through the Federal Circuit and Family Court. If living overseas, at least one party must consider Australia their home or be an Australian citizen. Asset division can be applied for anytime after separation, with a 12-month limit post-divorce. Legal costs vary, with hourly rates from $200 to $600, and fixed fees from $2,000 to $5,000. Some lawyers may defer fees until after asset division, though this is rare. If legal aid is not an option, consider self-representation or mediation. Essential documents include financial records, property papers, and tax returns.Full Conversation
australia
In Australia, divorce is governed by federal law under the Family Law Act *. Here are some key points:
- You must be separated for at least 12 months.
- Apply for divorce through the Federal Circuit and Family Court.
- If you have children under *, the court will need to ensure proper arrangements.
Do you need more details on the application process or child custody?
Adult kids and we work and live overseas
Since you and your husband are living overseas and your children are adults, here's what you need to know about filing for divorce under Australian law:
- Residency Requirement: At least one of you must consider Australia your home and intend to live there indefinitely or be an Australian citizen by birth, descent, or grant of citizenship.
- Application Process: You can apply for divorce through the Federal Circuit and Family Court of Australia online.
- Separation Period: You must be separated for at least 12 months before applying for divorce.
Would you like more details on how to apply while living overseas?
I anm
Given the information provided, it seems that you are experiencing some difficulty in filing for a divorce while living overseas.
Do you need more details on the specific steps to apply for a divorce online from abroad?
i will separate in 6 months. What do isay? How do i say it? Should i first move out while he is overseas?
If you plan to separate in 6 months, here are some key points to consider:
- Communication: Clearly and calmly communicate your decision to your husband.
- Living Arrangements: Moving out while he is overseas might make the process smoother and give you space.
- Documentation: Start gathering essential documents for the divorce process.
Would you like more information on how to initiate the conversation with your husband?
Should i apply for division of assets immediately
In Australia, you can apply for the division of assets at any time after separation. However, it is often advisable to do it sooner rather than later. Here are a few key points:
- Time Limit: You have 12 months from the date of your divorce to apply for a property settlement.
- Interim Arrangements: You can seek interim orders if immediate financial support is needed.
- Documentation: Gather all financial documentation before proceeding.
Would you like more details on how to apply for the division of assets?
I cant afford lawyers how much do they cost? Can they agree on fees after division
The cost of lawyers can vary widely depending on their experience and your specific situation. In Australia, some lawyers charge by the hour, while others may offer fixed fees for specific services. Here are some key points:
- Hourly rates can range from $* to $* per hour.
- Fixed fees for divorce may range from $*,* to $*,*.
- Some lawyers might agree to defer fees until after the division of assets, but this is rare.
For affordable legal help, consider contacting community legal centers or legal aid services in Australia.
Would you like more information on legal aid services in Australia?
I dont think i qualify for legal aid as i live overseas
If you don't qualify for legal aid and are concerned about the cost of a lawyer, you might consider the following options:
- Self-representation: You can file for divorce and handle the division of assets yourself. Resources and guides are available online from the Federal Circuit and Family Court of Australia.
- Mediation Services: Mediation can be a cost-effective way to resolve disputes without going to court.
Would you like more information on self-representation or mediation services?
So i sent an enail saying i am separatjng qhere do i apply for divisiob of assets and what docs i need to submit
In Australia, here's how you can apply for the division of assets and the documents you need to submit:
- Application: Apply to the Federal Circuit and Family Court of Australia.
- Documents: Gather financial documents, property ownership papers, bank statements, tax returns, superannuation details, and any debts.
Would you like more detailed steps on the application process?
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