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Thank you for requesting Shamac Lawyers to assist you with your Divorce.

In order to enable us to prepare all of your necessary documents and act generally in your divorce, we now request you to answer a number of questions about your situation.

Your answers will help ensure that our documents and advice are tailored to your personal circumstances.

Most of the questions are straightforward. However, if you have any queries, please let us know.

PLEASE NOTE: Questions with red asterisks (*) displayed mean that you must enter the information being asked in order to move forward. There is also space at the end of the form to ask any other questions or to state further information you think may be relevant.

What is the date today? *

Your Full Name

Title

First Name

Middle Name

Last Name

How would you like us to contact you in future?

Email
Post
Phone

Email *

Please enter your residential Address

Address Line 1

Address Line 2

City

State

Zip Code

Do you have a different Postal Address?

Please enter your postal address

Address Line 1

Address Line 2

City

State

Zip Code

Is it okay if we disclose your contact details to the other party?

Do you have any particular requirements about what we should not disclose to the other party?

of own Name

Please enter your phone number

Do you have existing matters with us? If not, we may also ask you to verify your identity.

Existing client
New client

Sole or Joint application?

If the application is a Joint application, you do not have to "serve the application on the other party", and the filing fee is usually shared by the parties.

If the application is a Sole application, then it must be "served" on the other party:

By hand, by an independent person; or
By posting in a sealed envelop addressed to the other party at their last known address at least 28 days before the hearing date.

It can also be served on the other party's lawyer if they agree to accept the documents.

There are strict requirements on service of applications that we will guide you on.

If it's a Joint application, you are not required to attend court.
If it's not a Joint application, you are not required to attend on the hearing of the application unless there are children under the age of 18.
If further documents are required by the court or additional material is required to explain circumstances that may affect or impact on the outcome of the matter, then it will be advisable to go to court.

1. What type of application would you like to make?

Sole application
Joint application

Date of your marriage *

What town and country you married in? *

Please provide your Marriage Certificate: Certified copy is sufficient.

Already provided to you
I will provide to you
Can you please order me another copy
Other

Attach your copy

Drag & Drop Files, Choose Files to Upload

Now we need to know about your separation.

You must have separated for at least 12 months plus 1 day.

Date of final separation (exact or approximate) *

At your separation date, did you regard the marriage as over? *

Lived under one roof but not as husband and wife? *

Details including dates and length of time *

Do you think you will live together again as husband and wife? *

You have stated that, since separation, you think that you will live together as husband and wife. Please provide more information. *

Do you think the other party will agree with the separation date?

Please provide more information about why you think the other party will not agree to the separation date that you have stated.

Now we need to know about you and your spouse's Australian Citizenship status

You, or the other party to the marriage, must answer YES to at least one of the following:

Was born in Australia or has become an Australian citizen by descent - Born outside Australia and at least one parent was
Is an Australian citizen by grant of Australian citizenship - Citizenship certificate will be required.
Is lawfully present in Australia and intends to continue living in Australia – Must have been living in Australia for at least the last 12 months – evidence must be provided – passport showing the date of arrival at least one year prior and a valid or current visa.
Others

Now we need to know more about your spouse.

Their full name *

First

Middle

Last

Their Address

Their phone number

Their Email Address

4. DOES THE OTHER PARTY HAVE A SOLICITOR?

If yes,

Now we need some more information about any other court cases and/or court orders with your spouse.

Are there any ongoing/pending cases in the Family Court of Australia or any other court that involves yourself, the other party or any of your children?

Note: This includes any case that concerns family law, child support, family violence or child welfare.

Brief details: Including court, next date, parties and nature.

Are there any existing orders, agreements, parenting plans or undertakings to a court about family law, child support, family violence or abuse in relation to a child, including family violence orders which have applied to a child or a member of the child’s family, or child welfare issues concerning any of the parties or children listed in this application?

Please provide more information

Court Order
Parenting plan
Undertaking
Agreement
Copies attached
Other

Notes

Anything else we should know about. Any other disputes or court cases with the other party or your children (if any)

Please upload copies of any court orders or documents involving any current dispute with your spouse and/or children (if any).

Drag & Drop Files, Choose Files to Upload

Now we need some more information from you about your will and shared property, and we also need to give you some more information about these items.

Did you know your will can be voided by divorce, and any executor you have appointed that is your spouse, will be voided by your divorce?

Yes
No
I DON'T KNOW

Would you like my office to contact you to help you draft a new Will and/or Power of Attorney?

Do you share any property with your spouse? Or does your spouse own property that you think you might be entitled to an Interest in? Or do you own property that you and your spouse might be entitled to an interest in?

If yes, please provide more information about any property you share with your spouse, or any property you and your spouse might have a potential share in of the other?

Does the client wish to sever any joint tenancies?

Are there any real property assets in one name only?

If yes, details

Is a caveat required to protect the non-owner's interests?

If yes

Implied trust Contributed financially to the acquisition of the property.
Constructive trust A joint endeavour, therefore unconscionable for one to take the whole interest.

Do you and the other party have other any children of the marriage?

No children
Yes, but children are over the age of 18 years.
Yes, and children are under the age of 18 years.

Note: -If you do and the children are under 18 years of age, you will be required to attend court for your divorce, unless we file a joint application on your behalf. -Please enter children even if you or the spouse are not the biological parents as a child of the marriage. -Child of the marriage includes any child of you and your spouse, and any children who was treated as a member of your family prior to your final separation; (for example, a step-child or foster child).

Child of the marriage includes any child of you and your spouse, and any child who was treated as a member of your family prior to your final separation; for example, a step-child or foster child.

An additional children's information sheet is available at the end of this form.

How many Children?

Child 1

Gender *

Male
Female

Child's Name *

First

Middle

Last

Date of Birth *

Birth Sex

Male
Female

Pronoun

He/Him/His
She/Her/Hers
They/Them/Theirs

Gender Indentity

Male
Female
Non-Binary
Gender diverse
Transgender
Other

Ethnicity

Country of Birth

Preferred Language(if not English)

Do you require a translator?

Age

Name of Mother *

First

Middle

Last

Name of Father *

First

Middle

Last

Child lives with: *

Time and communication with the child

State the amount and frequency of time the child spends with the parent or other significant person with whom the child does not live. This time may be face to face, telephone, emails, letters or other forms of communication.

Time and communication with child

State the amount and frequency of time the child spends with the other parent or other significant person with whom the child does not live. This time may be face to face, telephone, emails, letters or other forms of communication.

Financial support

State who pays for the costs of raising the child; include details of any child support or maintenance being actually paid, or agreed, assessed or ordered to be paid and not being paid by any person with whom the child does not live.

Financial support for Child

Health

Provide details of the child's health and any diagnosis, treatment or ongoing medical needs.

Health Status of Child

Provide details of the child's health and any diagnosis, treatment or ongoing medical needs.

Education of

State which school the child attends, the year level and how the child is progressing at school.

Education of Child

State which school the child attends, the year level and how the child is progressing at school.

Do you plan to make any changes to the current arrangements that your child/children spend with their other party? If so, please enter the proposed changes.

Include details of any significant changes planned for the foreseeable future. For example, a change in living arrangements, schooling or financial support.

Will you be responsible for all costs associated with your divorce application? *

Yes
No, the other party will be responsible.
Shared with the other party

Please provide more information about the arrangement between you and the other party have agreed upon for the costs of your divorce application.

Do you have a healthcare card? *

Yes
No
I don't know

Please attach a copy

Drag & Drop Files, Choose Files to Upload

Do you know if the other party has a healthcare card?

Yes
No
I don't know

You may still be eligible for a reduced court filing fee if your income, day-to-day living expenses, liabilities and assets are at such a level that payment of the full fee would cause you financial hardship. Would you like more information about this?

Would you mind telling us how you found us?

Is there anything else would you like to us know that you think might be relevant for your divorce application?

I/We the undersigned, hereby certify that the above information is true and correct to the best of my/our knowledge.

I/We the undersigned, understand that we will now be contacted by the office of Shane McClure, Lawyer & Mediator in order to prepare my divorce application and to finalise any costs estimate.

Please sign here

Clear Signature

Name

Date

By clicking submit, this completed form and all attachments will now be sent to our office and we will contact you shortly to confirm receipt of this information and to give you an opportunity to ask you any follow-up questions.

Otherwise, feel free to return any other attachments to our office by:

email to: law@shamaclawyers.com.au
post to: Shamac Lawyers, PO BOX 636, NIDDRIE VIC

Divorce Instructions - Shamac Lawyers

Your Full Name

Sole or Joint application?

Now we need to know about your separation.

Now we need to know about you and your spouse's Australian Citizenship status

Now we need to know more about your spouse.

Now we need some more information about any other court cases and/or court orders with your spouse.

Child 1