Sydney Legal Practice | Conveyancing Divorce

Online Divorce Application Form

Who is making this application?

Both
Husband
Wife

No. of children under 18

Please Note: Any orders about the children must be made by separate application.
“Children” includes:

Any children from you and your spouse born before the marriage or after separation.
Children adopted by you or your spouse.
Any other child (including a child from neither of you) who was treated as member of your family immediately before your final separation.

Children No Children

2a.

Children's Details

	Family Name	Given Names	D.O.B.	F/ M
Child 1
Child 2
Child 3

2b.

Children's Address

If the child lives at more than one address include both addresses. You do not have to give

the address if you fear violence from your spouse, however you may be asked to give your reasons court.

Child 1

Street Name & Number Suburb State Postcode

Child 2

Street Name & Number Suburb State Postcode

Child 3

Street Name & Number Suburb State Postcode

2c.

Who else lives in the Childs home when the child is living with the husband and when the child is living with the wife?

Husband
Other person	Age	Male	Female
Name and relationship to the child

Wife
Other person	Age	Male	Female
Name and relationship to the child

2d.

Current details concerning the child?

Housing

please give details here such as, 3 bedroom brick home, child has its own room, large back yard

Supervision

Who looks after the child? For example, if the parent who lives with the child is working outside the home who looks after the child during parents absence

Contact

The arrangements that are in place (if any) for the child to have contact with the other spouse, if they are not living with them, for example, how often contact occurs and what type. Contact can be face to face, or by phone, email or letters. If a natural parent is not a party to the marriage identify him or her, state the contact and state the reasons if the child has limited or no contact with that person

Financial Support

Details about maintenance and child support, including details of maintenance orders or child support assessments and what is actually being paid or proposed to be paid by any person who does not live with the child

Health

Details of the health of the child and any treatment or ongoing medication needs

Education

Do you propose any changes to these arrangements?

No Yes

If yes, please provide details of any significant changes that are planned – for example, changing residence, schooling arrangements or supervision.

Family Names

Husband

Family Name as used now

Given Names

Wife

Family Name as used now

Given Names

Full Name as it appears on the Marriage Certificate

you will need to have your marriage certificate and you must use the exact Family and Given names as they appear on your marriage certificate

Husband

Family Name as used now

Given Names

Wife

Family Name as used now

I f your Marriage Certificate is not in English then you must also lodge an English translation of it and the following affidavit from the translator. Refer to the Yellow Pages under ‘Translator’ for a list of translators in your area.

Given Names

Is the Marriage Certificate in English?

you can also contact the Community Relations Commission to assist you with the translation of your Marriage Certificate in the form approved and accepted by the Federal Magistrates Court

Yes No
If not, click here for more information >>

5a.

Do you need an interpreter? Yes No

5b.

If an interpreter is needed in what Language and what Dialect?

If you require an interpreter, you must advise the court staff in advance of the divorce hearing

Birth Date

Husband

Day / Month / Year

Wife

Day / Month / Year

Country of Birth

Husband

Wife

Address

Husband

Wife

Occupation

Husband

Wife

10.

Jurisdiction

Mark all that are applicable:

Husband

Regards Australia as his home

Intends to live indefinitely in Australia

Has lived all his life in Australia

Is an Australian citizen

Ordinarily lives in Australia and has lived in Australia for 12 months immediately before this application

Wife

Regards Australia as his home

Intends to live indefinitely in Australia

Has lived all his life in Australia

Is an Australian citizen

Ordinarily lives in Australia and has lived in Australia for 12 months immediately before this application

Information you will need to submit with your application. Click here for more information

If you are an Australian citizen and you were not born in Australia you will require a certified copy of your passport or a citizenship certificate. If you are an Australian citizen by birth but have not resided in Australia for 12 months immediately before filing this application you will require a certified copy of your passport of your birth certificate

11.

Do you wish the court to hear your application in your absence?

You must attend the court if there are any children from the marriage. Even if you mark the “NO” Box if the court requires more information you may still be required to attend Court and the application may be adjourned to enable your attendance

Husband
Wife

Yes No
Yes No

12.

Details of the Marriage and Separation:

On what date were you married?

In what town were you married?

In what country were married?

Have you been married for less than 2 years?

Yes No

If you have been married for less then 2 years there are specific requirements you must meet before making this application. See below for more details. If the answer is yes, before we can file the application, EITHER:

You and your spouse attend counselling with an approved family and child counsellor to discuss the possibility of reconciliation. You should have the counsellor complete and sign a certificate in the prescribed form this verifies that you have undertaken counselling. You then forward this certificate to us so that we can attach it to the application. OR
If you have not obtained a counselling certificate before filing the application the applicant/s must write to the court requesting permission to file an Application for Divorce. You must file an affidavit setting out the facts upon which you rely to satisfy the court that there are special circumstances why you should be allowed to seek a divorce within 2 years of your marriage. PLEASE NOTE: To proceed there still needs to be at least 12 months since the date you separated.

When did you seperate?

At that time, did you regard the marriage as over?

Husband: Yes No

Wife: Yes No

Have you and your spouse lived under the same roof at anytime since separation?

Yes No

Have you lived as husband and wife with your
spouse at any time since separating?

Yes No

Do you think that you will reconcile and live together as husband and wife?

Yes No

13.

Other Court Proceedings and Orders

Proceedings Pending means if there are any ongoing cases in this or any other court about Family Law, Child Support, Domestic Violence or Child Welfare that involve any of the parties or any of the children listed on this form Other Orders, means existing orders, agreements, parenting plans or undertaking to a court about Family Law, Child Support, domestic violence or child welfare concerning and of the parties or children listed on this form. If the answer is yes you should attach a full copy of any orders or documents mentioned

Proceedings Pending Yes No

Other Orders Yes No

14.

Please provide any other information or questions you are not sure how to answer

15.

Fees

Application fee payable to court ( unless Exempt )

($405.00)

Please note that the fee shown on this form is the current fee as at the time of the drafting this form and we reserve the right to increase same, subject to any increase made and declared by the Court

Optional Solicitor Attendance at hearing

($550.00)

We note that this fee is only payable if you decide that you would like one of our Solicitors to attend court with you. This is a flat fee for an attendance at court within the Sydney Metro Area. We can also arrange for an agent to appear for you if you are outside Sydney. This price will be provided to you upon your request being received.

Divorce Online Service Fee

($650.00)

We reserve the right to change the “Divorce Online Service Fee as required for more information please refer to our terms and conditions

TERMS & CONDITIONS

We aim to give you the best possible legal service we can.  This includes keeping you fully informed about your matter.

This letter is to confirm your instructions and to provide you with information about our firm and what you can expect from us.

We are required by the Legal Profession Act 2004 and the Family Law Rules 2004 to set out the terms and conditions of our engagement. These are as follows:

1.	YOUR INSTRUCTIONS:
We confirm your instructions that you wish us to act on your behalf with respect to your Divorce application.
2.	OUR PROMISE:
Immediately upon receipt of your instructions (on line application) as well as the payment of our flat fee professional fee in the amount of $650.00 including GST we will:

(a)	Prepare a draft Divorce Application on your behalf;
(b)	Forward a copy back to you for your approval, and if accepted, execution;
(c)	File the application on your behalf once you have returned it to us with all necessary requirements fulfilled;
(d)	Serve a sealed copy of the Application on your spouse once it has been returned from the court (1 attempt on 1 address only included in this price);
(e)	File an Affidavit of service with the court on your behalf confirming the above;
(f)	Advise you as to the proposed hearing date of your application and provide you with sealed copies of all relevant documents;
(g)	PLEASE NOTE.. attendance at the hearing on your behalf is NOT included in this price, however you have the option of using our services (within the Sydney Metropolitan Area) for a guaranteed flat fee of $550.00 including GST ( This is for 1 appearance only, and further fees will apply if more then 1 appearance is needed. We note that is rare that an application is not finalized at the first hearing but there are some things that are out of our control).

ANY EXTRAS COSTS ?

We have attempted to provide you with a clear, straight forward and down to earth approach, with no “hidden fees”.

As stated on this site, the “flat fee” does not cover any additional services. For example, if you are required to file or prepare any Affidavits due to your individual circumstances, or if there are issues surrounding the service of your application, such as the wrong address or the whereabouts of your spouse is un-known. Unfortunately the “flat fee” does not cover these.

If the above situation arises, we shall provide you with a further competitive price for the additional services.

3.	HOW YOU CAN HELP US:
We are providing a service for you, but we can only act on your instructions. You can assist us by:

*	giving clear instructions;
*	telling us if you have any important time limits;
*	making sure we understand your instructions and you understand our advice.  Never hesitate to clarify anything;
*	telling us promptly if any important questions arise;
*	asking for a progress report if you are unsure what is happening;
*	making sure you understand our costs policy so we both clearly understand the basis on how the matter is to proceed.
4.	OUR FEES POLICY:
We will charge you for our work and expenses at the rates specified on this website as well as under the heading Our Promise, in these terms and conditions:

We note that the costs involved in your application are as follows:
1) 	Online divorce application fee						$650.00
	This fee is non refundable once you have submitted your online application
2)	Court Filing fee for application					$405.00
	Payable unless exemption or concession applies. Refer to web-site.
3)	Optional Solicitor attendance at hearing of application		$550.00
	Refundable only if cancelled 1 month prior to hearing date
4)	Extra Affidavits or Service issues					$POA
5)	Appearance or attendance at hearing outside Sydney			$POA
5.	TERMINATION OF OUR RETAINER
We will not be able to continue to do the work in the following circumstances:

(a)	if you do not pay our bills or you do not let us have funds on account of expenses;
(b)	if you do not provide us with adequate instructions;
(c)	if you indicate to us that we have lost your confidence, which may include circumstances where you refuse to accept an offer of settlement which we and Counsel recommend you accept.

Where possible we will give you at least fourteen (14) days notice of our intention to terminate our agreement and the grounds upon which such termination is based.  You will be required to pay our fees and expenses incurred up to the date of such termination.

You may terminate this agreement in writing at any time.  If you do so you will still be liable to pay our charges and expenses incurred up to the time of termination.
6.	RETENTION OF DOCUMENTS
On completion of the work we will retain any papers to which you are entitled (except documents deposited in safe custody) for no more than seven (7) years.  We note that we have your authority to destroy the file seven (7) years after the date the final bill is rendered by us in this matter.  You should also note that we are entitled to retain possession of your papers and documents while there are monies owing to us for charges and expenses.
7.	IF YOU HAVE ANY PROBLEMS
We strive to provide our clients with the best available service but if you feel we should do more please tell us your concerns.

If you do not think it is appropriate to raise an issue with the Solicitor handling the matter for you, please contact Mr Maatouk the principal of our firm.

8.	ACCEPTANCE OF THIS ARRANGEMENT
To accept this arrangement, please tick the acknowledgment box at the end of your application. We note that we will not be able to process your application unless you have done this.
9.	FINANCIAL AND TAXATION ADVICE
We profess no qualification to give financial (as distinct from legal) advice, and if you have any questions about any financial aspects in relation to this matter, you should seek independent financial advice before signing any documents, as our advice is confined to legal matters only.

Similarly, we profess no qualification to give taxation advice.  If you have any questions regarding Goods and Services Tax or Capital Gains Tax or any question pertaining to Tax issues in relation to this or any other matter, you should seek independent taxation advice from a properly qualified person, before proceeding with this matter.

10.	CONCLUSION
As you can see, we take our service to you seriously.  We aim to attend to your legal matter promptly, efficiently and personally.  If we can further assist you in any way please let us know.

(Note: This is Compulsory)

I have read and agree to the terms and conditions

We note that the information provided on this site is secure, and that it it is managed by a registered Law Firm, however we would like to take extra security measures and your payment of our fees are processed via PayPal, this means that you have nothing to worry about with respect to your payment. Please note that your application will not be processed unless payment is made.

First name:

Last Name:

Work Phone:

Home Phone

Email Address:

Postal Address:

Suburb/Town:

State:

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