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Video Transcript:

Hi. Welcome to Video 2, Module 2. My name is Natasha Papasavas and I'm a Senior Associate at Pearsons Lawyers. If this is your first video, then I strongly suggest that you go back to Module 1. Module 1 contains highly important actions that you must take prior to proceeding any further. To do this you need to go to the Pearsons' YouTube channel or to the Pearsons' website and follow the links, otherwise let's proceed.

There are two ways to apply for a divorce. The first is to go to a lawyer, and the second is a do-it-yourself divorce kit, which I am going to discuss in another video. The basic ground for divorce it that you have to be separated for 12 months. There are sometimes situation whereby the husband or the wife is unable to leave the matrimonial home and therefore this is classified as 'separation under the same roof'.

To prove this you need to get a family or a friend that can corroborate that there has been separation under the same roof. This needs to be for a period of 12 months. Once you have established that major ground of the 12
months, then you can go to your lawyer and ask them to make the application. You must make sure you take your marriage certificate with you because it needs to be shown to the court that there has actually been a valid marriage.

Once that has been satisfied you will get a hearing date. The hearing date will usually be from six to eight weeks from the time that person has gone in and taken in the divorce. The application will be stamped. Once it's stamped, it will then go to a process server, if you decide to go through the avenue of a lawyer. The lawyer will tell the process server where the husband or the wife lives. This is where some complications arise because the other party often wants to be difficult, or they've basically lost touch with the other person. This is when the lawyer will have to make an application to the court to dispensate with service, which is a bit complicated if you decided to do things on your own.

After that, the court needs to know whether there are children under 18 years of age. If there aren't any children, it is a little easier because it is just dealing with the parties. If there are children, then the court must be satisfied that the children have been properly taken care of. Basically are they seeing their mum or dad properly - who is living with who? Are the accommodations sufficient and is the child progressing well at school? Genuinely the well-being of the child is taken care of.

Once that is all taken care of, then the registrar will grant a divorce. Before getting to that point though, I aven't mentioned the costs associated with the divorce. It depends on whether you have a concession card, or if you have a pension. Both of those will obviously discount the fee but if you have a lawyer, the divorce fee will vary depending on whether or not the service of the application on the other party was easy.
If so, it shouldn't cost as much. It all depends on whether there is an affidavit that needs to be done to prove separation under the same roof. It all just depends.

Generally when you get to the point of an application of a divorce you've gone through all the motions of working out the arrangements of the children and property. Now I must tell you that prior to applying for your divorce application, you should make sure that the financial situation has been resolved between the parties because after your divorce is granted you only have 12 months to apply for a financial order, so to speak. So it is very important to do that.

The process of making an application seems easy but there are lots of hurdles you need to go through before you actually achieve it. You have to look at the children, you have to look at your property, and most of all you have to make sure the children are adequately taken care of, if there are children in the marriage, in a way that will satisfy the court. If you have a lawyer to represent you for your divorce application, the stress of going to court is no longer required because you are not needed to go to court for an application for a divorce. Your lawyer can appear on your behalf which obviously provides a sense of relief to the client. This concludes this video, and in my next video I am going to discuss do-it-yourself divorce kits. So bye for now.

All our videos in this Youtube series can be found through the Pearsons Youtube Channel at http://youtube.com/pearsonslawyers or by visiting the Pearsons website at http://pearsonslawyers.com.au and following the links.

Alternatively, if you know that its simply time to see a Family Lawyer, please contact us for a free initial consultation. Please be advised that we must complete a conflict check so that we can only represent one party in a Family Law matter. So if your partner is watching this same Youtube series and engages our services before you do, we advise that we may
not be able to talk to you.

Whatever it is that you choose, its our wish that throughout this Youtube series, you can finally gain a sense of certainty so that you know where you stand.

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