Everything You Need To Know
Applying for a divorce in NSW involves specific legal requirements that must be met to be able to proceed. Here’s a rundown of the eligibility criteria and steps to help you understand the process:
- Separation Period: You and your spouse must be separated for at least 12 months before filing. This applies even if you continue living in the same household, provided you meet certain conditions.
- Residency Requirements: At least one spouse must be an Australian citizen, ordinarily reside in Australia, or have lived in Australia for at least 12 months prior to applying.
- No-Fault Divorce: In Australia, divorce is granted on a no-fault basis, meaning the court does not need evidence of wrongdoing. The only requirement is the irretrievable breakdown of the marriage, as evidenced by the 12-month separation.
- Arrangements for Children: If you have children under 18, the court requires that appropriate arrangements for their care, welfare, and development are in place, although these do not need to be final.
Meeting these eligibility criteria is essential for your divorce application in NSW. Our family lawyers can guide you through each step, ensuring all requirements are met. As specialised Divorce Lawyers, we will help you navigate the legal complexities with ease.
When Applying For A Divorce
The divorce application process in NSW has four important steps:
- Complete the Application Form: Begin by filling out the Application for Divorce form. This form includes details about your marriage, separation, and any children involved. You can apply alone (sole application) or with your spouse (joint application).
- File with the Court: Submit your completed form to the Federal Circuit and Family Court of Australia, along with the filing fee. Reduced fees may be available in certain cases.
- Serve Your Spouse (if a sole application): If you’re applying on your own, you’ll need to officially serve your spouse with the divorce papers.
- Attend the Hearing: A court hearing will be scheduled. Attendance is usually only required if there are children under 18.
Our family lawyers can help guide you through each step to make the process clear and manageable.
Joint Application For Divorce
A joint application for divorce is when both spouses agree to file for divorce together, streamlining the process. Unlike a sole application, a joint application does not require one spouse to serve divorce papers to the other, as both parties are involved from the start. This cooperative approach often makes the process smoother and reduces the need for court appearances, even if there are children under 18. A joint application can also help lower stress, as both spouses work together, ensuring all requirements are met without additional legal steps.
Leave The Legal Matters With Us
Navigating a divorce can be complex, but at De Saxe O’Neill Family Lawyers, we’re here to make it easier for you. Our experienced team provides personalised, compassionate legal support to manage every detail, from paperwork to negotiations. By choosing us, you’ll have guidance at every step, so you can focus on moving forward.
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Trust our expertise to support you through the entire process. Contact us today on 02 9948 3820 or by e-mail to get started.
