Are you looking for a divorce lawyer in Maitland, Newcastle, Lake Macquarie, the Hunter Valley or our new office in Erina on the Central Coast?
Vania Holt, the founder and Principal Solicitor of Vania Holt Legal, has lived in the Hunter and Central Coast regions for most of her life and loves it and the people. She wants to help businesses, and people, achieve their best (legally)!
She started her legal career in a mid-size law firm in Newcastle working on business and government law, conveyancing, property matters and personal law such as family law, and wills and estates.
Vania then moved to the Director of Public Prosecutions and loved her time there as a prosecutor which is where Vania was trained in litigation – difficult litigation – experience she now brings to you.
Vania also completed PhD is in law. Her passion is ensuring that those in power do not abuse that power and she hopes to bring these skills to you. That is why she opened her own law firm. We hope to be able to help the individuals and businesses in Maitland and surrounding areas including Newcastle, Singleton, the Hunter Valley, and in their new office in Erina on the Central Coast.
Ready to get started now?
Common Divorce Questions
When can I apply for divorce?
Before applying for a divorce, you need to prove that you and your partner have been separated for at least 12 months.
Can I do an online divorce or do I have to come into the office?
Everything (except the inspection of the property) can be done online. Since COVID-19, the governments in Australia amended the law to allow certain documents to be signed online or over video. If you would like to meet in person instead, that’s totally fine. We can come to you or you can meet us at our office – the choice is yours.
How much does a divorce cost in Australia
When applying for a divorce, whether you enlist the help of a lawyer or not, you need to pay a filing fee set by the family Court.
Fixed fee divorce?
Vania offers fixed fee services under certain conditions for a divorce.
Joint Application - Where both you and your spouse consent to the divorce - $990 (incl. GST) + filing fees and disbursements
Sole Application - Full service sole application for if you and your spouse do not consent. This includes appearance at court (if required) - $1650 (incl. GST) + filing fees and disbursements.
(Please note that a divorce does not cover property settlement or parenting arrangements.)
What do I do now?
If you are thinking of divorce, contact Vania Holt Legal for a free 20-min consultation to discuss next steps. You can reach us on 0425 736 057 or at email@example.com.
Are you getting a divorce?
Common questions to keep in mind when considering a divorce.
If not married 2 years, you have to get a certificate from a counsellor to say that you won’t be getting back together again.
You need to prove that you’re living separately and apart.
Then a joint application is best. If only one of you wants a divorce, you’ll need to do a ‘sole’ application and ‘serve’ the divorce papers on your spouse.
Not if it’s a joint application. You may need to go if it’s a sole application – ask us for more details.
No, they’re different things. Divorce is the legal part saying that you’re no longer married. This usually happens 1 month and 1 day after the court approves the divorce.
No, they’re different things. You can have a parenting plan or agreement, which is not binding (that is, it is not enforceable by the court). You can have consent orders, which are binding and so the court can enforce compliance with the orders and you can go to court if there is a breach. OR you can go to court and let the court decide for you. This usually takes many months and possibly years and can be very expensive.
The new Federal Circuit and Family Court of Australia (FCFCOA) has certain requirements to show that you and your ex-partner have made ‘genuine steps’ to try and resolve your dispute before going to court. This includes mediation. There are certain exemptions from mediation if there is family violence, or urgency – please speak to a lawyer.
If you do not go through the ‘genuine steps’ you, and your lawyer, may be liable for ‘costs’ – that is, you might have to pay the other sides costs. This is why it’s very important you get legal advice.
Yes, unless there is an exemption. This is very important so you don’t get costs awarded against you.
It depends on many factors:
- Contributions by both parties, including homemaking, child rearing and monetary
- Whether there are any children of the marriage
- Length of marriage
- Assets/liabilities of the marriage
Not always. The court must make a decision that the split of assets and liabilities is ‘just and equitable’. It does this by taking into consideration many things such as:
- Length of marriage
- Contributions to the marriage both monetary and homemaker
- Whether all assets have been disclosed by both parties
- Whether there are any children under the age of 18 years of age
No, Australia has a ‘no-fault’ divorce so there is no requirement to prove any ‘fault’, such as an extra-marital affair’ before you can get divorced.