Divorce Lawyers Bella Vista

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Divorce is the termination of a marriage between two persons that were lawfully married. The actual application for divorce assuming any child custody matters and property settlement have been worked out between the parties is fairly simple. Typically, a client can with the proper legal advice represent themselves in the application for divorce if they choose. Of course it is critical to obtain the appropriate legal advice before proceedings with any application.

In New South Wales, applying for a divorce is a legal process to dissolve a marriage. The application can be made jointly by both spouses or individually by one spouse. Here’s a comprehensive guide to help you understand and navigate the process. The only ground for divorce is that the marriage broke down and there is no reasonable chance that the parties will get back together.

Eligibility Criteria

To be eligible to apply for a divorce in NSW, you must meet the following conditions:

• You are legally married with a valid marriage certificate.
• You or your spouse must be an Australian citizen, domiciled in Australia, or ordinarily resident in Australia for at least 12 months.
• There has been an irretrievable breakdown of the marriage, demonstrated by 12 months of separation.
• Proper arrangements have been made for any children of the marriage under the age of 18, or there are special circumstances why these arrangements have not been made.

Steps to Apply

Step 1: Complete the Application

1. Obtain the Application for Divorce Form

   • You can access and fill out the Application for Divorce form online through the Commonwealth Courts Portal with the Federal Circuit and Family Court of Australia.
   • The application can be a sole application and/or a joint application depending on circumstances.

2. Prepare Supporting Documents

   • Ensure you have a copy of your marriage certificate.
   • If applicable, provide evidence of citizenship or residence status.

3. Affidavit for eFiling Application (if applicable)

   • If you are unable to serve the application to your spouse, you may need to file an affidavit explaining the reasons and steps taken.

4. Payment of Filing Fee

   • There is a filing fee for divorce applications. Fee exemptions or reductions may be available for eligible applicants, such as those with financial hardship.

Step 2: File the Application

1. eFiling

   • Applications should be filed electronically through the Commonwealth Courts Portal.
   • Upload your completed application form and supporting documents.

2. Service of Documents

   • If applying individually, you must serve the divorce application to your spouse at least 28 days before the court hearing if they are in Australia, or 42 days if they are overseas.

Step 3: The Hearing

• Court Hearing
  • If there are no children under 18, a court hearing may not be required, and the divorce can be granted administratively.
  • If there are children under 18, at least one spouse must attend the court hearing unless it is a joint application.

Post-Divorce

1. Decree Nisi

   • The court will issue a Decree Nisi, which is a provisional divorce order. This order states that the court is satisfied that the marriage has irretrievably broken down.

2. Decree Absolute

   • The Decree Nisi becomes absolute one month and one day after being granted, at which point the divorce is finalised.

Important Considerations

• Child Custody and Financial Settlements

  • The granting of a divorce does not determine issues of financial support, property division or arrangements for children. It is simply a formal recognition that the marriage has ended.

• Timeline

  • The entire process typically takes about 2 to 3 months, from application to the finalisation of the divorce (including the waiting period of 1 month).

Legal Advice

It’s recommended to seek legal advice to understand your rights and obligations fully. Contact us at Catron Simmons Lawyers to obtain the correct advice.