Online Divorce

Instruction Sheet

OUR PROFESSIONAL FEES

As at 1 July 2009, our professional fees (inclusive of GST) for online divorces start from:

If a Court appearance is necessary, $895.50.
If no Court appearance is necessary, $720.00.

In addition to our professional fees you will also be charged court filing fees of $432.00 and any necessary outlays such as process server fees for the service of the application upon the other party.

DOCUMENTS REQUIRED

In order to proceed with your divorce, we will require:

your original marriage certificate (issued by the Registry of Births, Deaths and Marriages of the State in which you were married). If you do not have this document, then further fees will be payable by you for us to obtain this certificate on your behalf.

FREQUENTLY ASKED QUESTIONS

Do we have to go to Court?

Whether or not you have to appear before the Court depends on several circumstances.

If there are no children of the marriage under 18 years of age, then neither you nor your spouse are required to attend the hearing.
If there are children of the marriage under 18 years of age, and you and your spouse have made a joint application, then neither you nor your spouse are required to attend the hearing.
If, however, there are children of the marriage under 18 years of age, and either you or your spouse have made a sole application, then we will need to attend the hearing on your behalf.

If we have to go to Court, when do we?

When the application is filed with the Court, a time and date for a hearing will be allocated.

When am I divorced?

When the Court is satisfied, it will issue an order for divorce, known as a Decree Nisi. This order is temporary, and after a month and one day becomes final, known now as a Decree Absolute. It is with this final order that you are officially divorced. Note however that it may take a few hearings for the Court to approve the application.

ONLINE DIVORCE INSTRUCTION SHEET

Please complete all fields below (with as much information known as possible).

Who is Making the Application?
Full Name:
Address:
Occupation:
Email Address
Phone Number
Information of Both Parties
	Husband	Wife
Family name as used now
Full given name
Date of Birth
Country of Birth
If born outside of Australia, what date did you start living in Australia?
What is your occupation?
Residential Address If you have safety concerns, you do not need to disclose a residential address.
Address for service
Name of Lawyer (if applicable)
Name of Law Firm (if applicable)
Lawyer's Code (if applicable)
Phone
Fax
DX
Email
Jurisdiction
Mark yes or no to each statement belowThe Husband/Wife:	Husband	Wife
(a) regards Australia as his/her home and intends to live indefinately in Australia
(b) is an Australian citizen by birth or descent
(c) is an Australian citizen by grant of Australian citizenship
(d) ordinarily lives in Australia & has done so for 12 months immediately before filing the Application for Divorce
Marriage and Separation
Date and place of marriage on your marriage certificate	Date Town/City Country
Full Names of both parties as they appear on the marriage certificate	Husband Wife
Date of Separation
At the date of separation, did you regard the marriage as over?
If no above, on what date did you regard the marriage as over?
Since the date of separation, have you and your spouse lived together in the same home but not as husband and wife?
If yes above, give dates of each period you and your spouse lived together in the same home after separation.	From to From to From to
Since the date of separation, have you and your spouse lived together as husband and wife?
If yes above, give dates of each period you and your spouse lived together as husband and wife	From to From to From to
Do you think it likely that you and your spouse will live together again as husband and wife?
At the date of submission of this form, is it less than two years since you married?
Other Court Cases
Are there any current or pending cases in a court regarding family law, child support, family violence or child welfare concerning any of the parties and/or children listed in this form?
If yes:	Court name and place: Next court date: Names of parties and/or children: Brief summary of current or pending case/s:
Are there any existing orders, binding agreements, parenting plans or undertakings to a court regarding family law, child support, family violence or child welfare concerning any of the parties and/or children listed in this form?	No Yes (Please ensure you bring details of these documents to your consultation).
Children
Are there any children currently under 18 who:
(a) are children of you and your spouse?
(b) were treated as members of your family when you and your spouse separated?
If you answered 'yes' to either of the above questions, indicate the total number of children
Child 1
Family Name
Given Names
Date of Birth
Gender
Name of Father
Name of Mother
Who does the child live with?	If "Other", Please specify:
Child's Address	Address 1 If "Other", Please specify: Address:
	Address 2 If "Other", Please specify: Address:
Current Details for the Child - Time and Communication with the Child
Financial Support
Health
Education
Do you plan to make any changes to these current arrangements?	If yes, Specify:
Child 2
Family Name
Given Names
Date of Birth
Gender
Name of Father
Name of Mother
Who does the child live with?	If "Other", Please specify:
Child's Address	Address 1 If "Other", Please specify: Address:
	Address 2 If "Other", Please specify: Address:
Current Details for the Child - Time and Communication with the Child
Financial Support
Health
Education
Do you plan to make any changes to these current arrangements?	If yes, Specify:
Child 3
Family Name
Given Names
Date of Birth
Gender
Name of Father
Name of Mother
Who does the child live with?	If "Other", Please specify:
Child's Address	Address 1 If "Other", Please specify: Address:
	Address 2 If "Other", Please specify: Address:
Current Details for the Child - Time and Communication with the Child
Financial Support
Health
Education
Do you plan to make any changes to these current arrangements?	If yes, Specify:
Child 4
Family Name
Given Names
Date of Birth
Gender
Name of Father
Name of Mother
Who does the child live with?	If "Other", Please specify:
Child's Address	Address 1 If "Other", Please specify: Address:
	Address 2 If "Other", Please specify: Address:
Current Details for the Child - Time and Communication with the Child
Financial Support
Health
Education
Do you plan to make any changes to these current arrangements?	If yes, Specify:
Child 5
Family Name
Given Names
Date of Birth
Gender
Name of Father
Name of Mother
Who does the child live with?	If "Other", Please specify:
Child's Address	Address 1 If "Other", Please specify: Address:
	Address 2 If "Other", Please specify: Address:
Current Details for the Child - Time and Communication with the Child
Financial Support
Health
Education
Do you plan to make any changes to these current arrangements?	If yes, Specify:
Additional details/any other requests?

Declaration

I require Legal Advice and Assistance and I hereby authorise and request you to act on my behalf as solicitors in this matter and I hereby undertake to be responsible for your proper fees in relation thereto as advised by you. In respect of any moneys that you may hold in your Trust Account on my behalf, I authorise you to utilise such moneys for your professional costs, statutory duties and charges and other proper outlays expended on my behalf in this matter or any other matter in which instructions may have been given by me to you. I further understand I will be required to complete information on the firms "file opening form" giving authorisation to the firm to act on my behalf. TERMS OF TRADING I/We acknowledge and agree to the firm�s terms of trading as follows:- Payment of all costs and outlays are required at least 7 days prior to the commencement of the matter unless prior arrangements in writing are made; Accounts are sent monthly or at various stages unless agreed otherwise; No work will be carried out after 30 days if any account is unpaid; All outlays are to be paid upon request throughout my matter; No carrying of accounts without prior approval in writing from the firm; No work will be commenced without my written authority. NB. Submission of this form does not constitute our acceptance of your instructions. A member of our Family Law team will contact you within 24 hours to confirm fees and acceptance of your instructions. Thank you for using our online divorce application.
By checking this box I hereby accept the terms and conditions listed above.	Accept
Click on submit button to acknowledge and post the form.

Please click 'Submit' only once.

Hatzis Lawyers are a dynamic firm of Brisbane lawyers and solicitors contributing their might to the smart state of Queensland