How much divorce lawyers cost depends on the law firm that handles divorce cases. Law firms typically offer a fixed or flat fee for divorced couples who are looking for a more affordable option. However, there are other fees aside from divorce lawyers cost. As of July 1, 2022, the Federal Circuit and Family Court of Australia updated divorce filing fees to $990 from $940.
Aside from how much divorce lawyers cost, divorced couples will also need to think about their own property settlement. Property settlement is the process through which divorced couples settle and divide their assets, liabilities, and financial resources. On top of how much divorce lawyers cost, property settlement will contribute to the overall expenses of divorce.
When divorced couples still continue to disagree on various matters, they will have to go to court which will add more costs to the mix. Indeed, divorce is expensive, especially if one of the parties is not in a good financial position. This article will discuss divorce lawyers cost and other fees that may affect divorce proceedings.
Divorce Lawyers Cost: What are the Grounds for Divorce?
Ex-couples should make sure that their relationship has indeed broken down before filing for divorce. According to Section 48 of the Family Law Act 1975, parties can push through with divorce applications if their marriage has irretrievably broken down. Courts cannot grant a divorce unless they see that there is a relationship breakdown within the marriage.
Couples must also show that they have been married for at least 2 years. Couples married for less than 2 years will need to attend mediation and discover if reconciliation is possible. Mediation is a method where a mediator helps parties come to a reasonable agreement without going to court.
Moreover, ex-couples should prove to the court that they were separated for 12 months. Couples who reconciled for 3 months or more will have to start the 12-month period again when applying for a divorce. Our article about Section 50 of the Family Law Act discusses the effect of resuming cohabitation. .Once family courts grant a divorce to a couple, they are no longer legally married.
Some couples may still need to attend a short hearing depending on their circumstances. For example, if there are under 18-year-old children involved in the matter, the parties may need to attend a court hearing.
What if Separated Couples Still Live in the Same House?
Separated couples under one roof won’t have to file or sign any legal papers just to prove the separation. The court will consider a number of factors to assess a separated couple living under one roof. Couples can prove that their marriage has completely broken down – even if they are living under one roof – through the following:
- Both couples stopped wearing their wedding rings
- Ceased sexual activity with each other
- Agreed to separate any finances from bank accounts or joint bank accounts
- Do not participate in social events together
- No longer share social activities with one other, such as watching TV or entertaining friends since the separation
- Informed family, friends, and other parties of the separation
- Stopped sleeping together in one room and decided to sleep in separate bedrooms
- Do not trade household services with each other.
Divorce Lawyers Cost and the Importance of Their Services
If couples meet the qualifications for divorce, then they may seek the advice of a family lawyer. Lawyers who handle divorce understand the amount of stress and emotions that divorced couples feel. Here are some important reasons why divorced couples should seek the advice of divorce lawyers.
They Promote What’s Best for the Couple and the Children
People will need an advocate when they’re going through a divorce. This is especially true if ex-partners had a substantial amount of assets in their relationship. Everything a couple owns is split between them after a divorce. Hence, ex-partners might not come to an agreement if they bargain with their spouse on their own.
Remember that any party can hire a divorce lawyer of their own to defend themselves in court. Both parties will make sure that their lawyers will protect their preferences and responsibilities. However, these lawyers will ensure justice and fairness, especially when children are involved. Lawyers will always protect the child’s best interests and not the rights of divorced couples.
Provide the Best Legal Advice
Legal language is often present in divorce proceedings. Divorced couples could occasionally come across steps in the divorce procedure that they won’t easily comprehend. These couples may make mistakes if they don’t consider hiring divorce lawyers. How much divorce lawyers cost will depend on their experience in family law.
These errors may cause the divorce process to drag on longer or become more challenging. Thus, couples should feel free to ask for some legal advice from their lawyer when it’s necessary. Likewise, lawyers can assist their clients in knowing how to react when their ex-spouse makes certain demands.
Communicate With Other Parties Professionally
Emotions run high during divorce proceedings and ex-partners will often experience anger, betrayal, and sadness. Couples may feel that they can haphazardly say whatever they want due to their frustration. This prevents both couples from communicating properly about their divorce and other settlements.
Communication is essential in divorce proceedings in order to reach an effective solution. Lawyers have the ability to communicate effectively and professionally with other parties in divorce proceedings. They can also provide advice to their clients on what and what not to say to the other party.
Emotions will also make it more difficult for ex-partners to remain objective. For example, some separating spouses wish to retain all of their assets or feel that they should get more in property settlements. An excellent divorce lawyer will inform their clients and navigate practical solutions in divorce proceedings.
Provide Mediation Beforehand
As mentioned, mediation helps disputed parties come to an agreement that represents their collaborative effort. Furthermore, mediation is an effective method that people can use when they don’t want to opt for expensive court proceedings. Not every disputed couple can afford all of the expensive court fees when they want to file for a divorce.
Thus, JB Solicitors can assist with the divorce lawyers cost with our fixed fees. We can ensure that every divorced couple can get the best resolution through our mediation services. Our team’s experience in family law will guarantee clients a better understanding of divorce proceedings. View our fixed-fees here.
Contact us today to know how much our divorce lawyers cost.