Frequently Asked Questions

Does Divorcely offer flexible payment options?

Yes! We offer a Buy Now, Pay Later option through RapidPay.

How long will it take me to complete the Get Started eForm?

A couple of minutes is all it takes to complete our Get Started eForm, and get your Divorce or Property Settlement underway!

I’ve completed the Get Started eForm, when will someone contact me?

We’ll be back in touch with you within 24-48 hours to confirm whether Divorcely is right for you.

How long will it take me to complete the Get Divorced eForm?

Approximately 10-15 minutes. You can reduce this time by having a copy of your marriage certificate in front of you when you are completing our form, and having details such as dates of birth, names and addresses on hand.

How long will it take me to complete the Get Settled eForm?

This depends on how complex your property settlement is, but you should generally allow at least 30 minutes. Our smart forms use ‘conditional logic’, which means the questions you are asked will be determined by the answers that you give. This is great, because it means you don’t need to waste time answering questions that don’t apply to you.

Why do I need to provide so much information in the Get Settled eForm?

Consent Orders are a very important, legally binding document. The purpose of the Application for Consent Orders is to give the Court all of the information it needs to decide whether your proposed agreement is fair and equitable, and ultimately, whether to make the orders you are asking the Court to make. We need to give the Court details about your relationship, your personal details, your assets and liabilities, and the agreement you have reached. We will also use the information you give us as the starting point to draft your proposed Consent Orders. If you would like to have a look at the Application for Consent Orders form that we will prepare for you, you can check it out here.

I have run out of time to complete the eForm, can I save it?

You sure can. If you need to take a break from completing the eForm, you can easily save your form and come back to it later.

I’m not great with technology, can I still use Divorcely?

Absolutely! Our forms and document delivery are designed to be completed online, but if pen and paper works best for you, our form can be emailed for you to complete in your own time. If you want to go completely tech-free, we can always post our form to you to complete and send back to us.

I live in Victoria but my partner lives in Queensland, can we still use Divorcely?

Definitely! Our process is completely contactless, so anyone, anywhere in Australia can get divorced or finalise their property settlement with Divorcely.

What if I have questions about the documents Divorcely has prepared for me?

If you have any questions about our process, our fees or the documents we have prepared for you, you can contact us or use our live chat function to speak with our team. If we can’t answer your question by email or chat, we will give you a call.

My partner doesn’t want to sign the Divorce paperwork, can Divorcely still help with my divorce?

Unfortunately, no. If your partner won’t sign the Application for Divorce, you will need to apply for a divorce as a sole applicant. At Divorcely, we are only able to assist with joint divorce applications.

Is a divorce different to a property settlement?

If you have grown up watching American T.V shows or movies, you might think that to divide your property after separation, you need to get a divorce. In Australia however, the process of getting divorced is completely separate to finalising a property settlement.

How soon after I separate can I get divorced?

You must be separated for 12 months before you can apply for a divorce.

Should I get divorced before or after my property settlement?

It is always best to sort out a property settlement before you apply for a divorce. This is because once you divorce, if you can’t agree on property, you generally have only 12 months to apply to court for a property settlement.

How long will it take for my Divorce Application to be prepared?

You can expect to receive your Application for Divorce from us within 3-5 working days of submitting your Get Divorced eForm.

Once my documents are filed at Court, how long will it take for my Divorce Application to be completed?

Once your documents are filed, you will be allocated a hearing date within 6-8 weeks, depending on the Court’s schedule. On the hearing date, a Judicial Registrar of the Court will review your Application and make your Divorce Order.

Will I have to go to Court for my Divorce?

No, when you apply for a divorce jointly with your spouse, you don’t need to attend the Court hearing.

When will my Divorce become final?

Your divorce will become final one month and one day after the Divorce Order is made by the Court.

What are Consent Orders?

When you and your partner have reached agreement about how to divide up your assets and liabilities, the best way to formalise that agreement so that it is legally binding, is with Consent Orders. These are court orders that are made by the Federal Circuit & Family Court of Australia with the consent of both parties. To get Consent Orders, an Application for Consent Orders must be prepared and filed with the Court for approval. Before consent orders can be approved by the Court, the court has to be satisfied that the agreement is just and equitable.

How long will it take for my Property Settlement Consent Orders to be prepared?

You can expect to receive your Application for Consent Orders from us within 7-10 working days of submitting your Get Settled eForm.

Once my documents are filed at Court, how long will it take for my Application for Consent Orders to be completed?

Within 6-8 weeks of filing, depending on the Court’s schedule.

How will I receive my Court Orders when they are final?

We will email them to you securely.

Will I get a paper copy of my Orders?

No, the court doesn’t send out paper copies anymore, but we can post you a hard copy of your Court Orders if you prefer.

What is a Financial Agreement?

A Financial Agreement is a written agreement that says how your assets and liabilities will be divided. Unlike Consent Orders, a Financial Agreement does not get approved by the Federal Circuit & Family Court, but the making of Financial Agreements is permitted under the Family Law Act 1975. There are various requirements of Financial Agreements, including the requirement that both parties must have received independent legal advice before signing the agreement. Unfortunately, we do not prepare or advise in relation to Financial Agreements. We recommend you contact a family lawyer in your area for advice about Financial Agreements.

Why would I do a Financial Agreement and not Consent Orders?

Most of the time, if the agreement you have reached with your partner is fair and equitable, Consent Orders are the preferred option for making the agreement legal and binding. If your agreement would not be approved by the Federal Circuit & Family Court because it isn’t considered to be fair and equitable, a Financial Agreement is an alternative way to formalise your agreement. At Divorcely, preparing or advising in relation to Financial Agreements is not a service that we offer, but we can let you know whether Consent Orders or a Financial Agreement are right for you.

Can Divorcely prepare my Financial Agreement?

Unfortunately, we do not prepare or advise in relation to Financial Agreements. We recommend you contact a family lawyer in your area for advice about Financial Agreements.

I have a Financial Agreement prepared by another lawyer and I need advice. Can Divorcely help?

Unfortunately no, we don’t provide advice in relation to Financial Agreements. We recommend you contact a family lawyer in your area about your Financial Agreement.

My partner and I have separated amicably, and we are selling our home and splitting the proceeds equally, why do we need to finalise a property settlement?

It is always important to finalise a property settlement with your partner after a separation, and Consent Orders made in the Federal Circuit & Family Court are the best way to do it. If you don’t, there is nothing stopping your partner from changing their mind and applying for a property settlement in the future. This could place you, and your future assets, at risk.

How do I divide my superannuation with my partner?

If you have separated and you want to divide your superannuation with your partner, you will need a Consent Order or Financial Agreement that provides for a “super split” in accordance with Family Law legislation. Usually, the division of super would be included as part of an overall property settlement. We can prepare Consent Orders for you that will allow you to divide your super with your partner.

I need help to finalise parenting arrangements for my child. Can Divorcely help?

Unfortunately no, we are unable to help with parenting matters. We recommend that you contact a family lawyer in your area for advice about your parenting matter.

I am involved in Federal Circuit & Family Court proceedings. Can Divorcely represent me?

Unfortunately no, we can only help you with an Application for Divorce, or an Application for Consent Orders. We recommend that you contact a family lawyer in your area for advice about your court proceedings.

Still unsure about Divorcely?

If you have any questions about our service, please get in touch with our friendly customer support team.