fixed fee divorce service

start your divorce today and welcome new beginnings

Shane provides a fixed fee divorce service which includes all costs associated with obtaining a Divorce. This fixed fee service will provide a simple, affordable and certain option when applying for a divorce. This process can already be stressful and overwhelming, Shane believes having one upfront cost and process can help ease this.

It is important to note that not all separations will be eligible for this service. Our fixed fee divorce service may be for you if:

  • You are currently separated from your spouse;
  • You’ve been married for at least 2 years;
  • You and your spouse have lived separately & apart for at least 12 months;
  • Your spouse consents to the divorce;
  • Proper care arrangements have been made for all children currently under 18; and
  • Both you and your spouse have an Australian mailing address.
  • You are an Australian citizen, have lived in Australia for the last 12 months, and intend to continue living in Australia.

 

If you answered yes to all of the above questions, please fill out our questionnaire. Then someone from my team will get in touch with you about our fixed fee divorce service. If you answered no to any of my questions above, don’t panic, Shane can still help you. Give us a call on 1800 549 817 or contact us at shane@shanemcclure.com.au.

QUESTIONNAIRE

This questionnaire will help us determine whether you are eligible for a fixed fee service, and get all the information we need to get started.

FIXED - FEE DIVORCE SERVICE FREQUENTLY ASKED QUESTIONS

What does this service include?
Our Fixed Fee Online Divorce Service will include everything necessary to get your divorce finalised, such as:

  • Taking instructions on the marriage separation and personal details of the parties and children.
  • Explanations of the court process.
  • Preparing the application for divorce.
  • Attending the signing of the Application for Divorce.
  • Filing of the application in Court.
  • Service of the application on the other party.
  • Finalising the matter after the order is made and the certificate of divorce is issued
  • All associated attendance correspondence and telephone calls.

How does this service work?
After completing our online questionnaire, our team will be in touch with you to discuss your situation and to get any further information. After you have then provided all necessary documentation to the team, Shane will get your application for Divorce underway.

Once your application has been completed by Shane and his team, your Application for Divorce will then be forwarded to you and your spouse for signing, after which it will be filed with the Court. Alternatively, you can meet with Shane to sign your application, and then it will be served upon the other party for signing.

The Court will then advise of a hearing date. When applications are mutually agreed between spouses, neither are required to attend the Court Hearing. If your Divorce Application is successful, the Court will grant the Divorce Order. The Order becomes final one month and one day after it is made.

Is my application managed by a Lawyer?
Yes, Shane will manage the application for your Divorce. Shane is a solicitor with over ten years experience in practice, advising and representing individuals in front of all Victorian courts.

What do I have to provide?

Some of the documents you may need to provide include, but are not limited to:

  • A copy of your official Marriage Certificate;
  • A copy of any financial and/or parenting orders made between you and your spouse;
  • A copy of any domestic violence orders currently in place;
  • A copy of your passport or citizenship papers.

How long does it take to process my application?
To initially get underway we need to receive the application with signatures from both consenting parties. This can occur in a matter of days or it can take a couple of weeks. Then we file the application with the Court and the matter is then listed for a Divorce Hearing- this is typically 6 weeks from when it is picked up. Provided the divorce is granted, a Divorce Order is issued one month and one day after the date of the Divorce Hearing. In short, the Divorce should be finalised in approximately 10-12 weeks.

What are compulsory Court fees?
Currently the Court charges a filing fee of $930. This fee is independent of our firm and is charged to every individual applying for a Divorce in Australia. In certain circumstances, you may be eligible for a reduction of this fee. Shane, or someone from his team, will discuss this with you if it is an option for you and your situation.

What if my spouse doesn’t want to get divorced?
We can still assist you, but not through our fixed fee service. If your spouse has not agreed to a divorce, get in contact with us and we will explain our other options for assisting you.

When do I get parenting and property orders?
Divorce matters do not resolve any children’s matters or property settlement matters. We recommend that you have these settled before applying for divorce. The sooner you obtain legal advice after separating, the better.

If you need mediation, legal advice and support when drafting your parenting and property orders, get in touch with Shane today.

Are there any additional fees?
In most cases, the above process occurs without any issues. However, in some cases there may be other hurdles that need to be resolved. These will be charged an hourly rate, but will always be discussed with you before engaging.

What happens if I haven’t been married for at least 2 years?
You have two options. You can either:

  • See a Court-approved marriage counsellor together to discuss the reasons for your divorce. If the counsellor is satisfied, they will issue you with a certificate, which we will file alongside your application for divorce. Please note that seeing the counsellor will come at an additional cost; or
  • An Affidavit can be drafted and filed with the Court, clearly outlining the reasons for your divorce. The extra cost for this would be approximately 1 hour of a lawyers time.

What happens if we haven’t lived separately for at least 12 months?
If you have both been living in the same residence, while separated, we can draft and file an Affidavit with the Court which clearly outlines that you have indeed been separated for a period of at least 12 months. This is a more complex Affidavit and thus would be at an extra cost of approximately 1.5 hours of a lawyer’s time.

What happens if we don’t have Australian mailing addresses?
The Court requires that both you and your spouse have an Australian mailing address on your Application for Divorce.

If you don’t have an Australian mailing address, you can use the address of a friend or relative who lives in Australia, you can get one by utilising the services of a mail forwarding company, or you can use our office address.