Looking for divorce lawyers in Newcastle? Let us help you navigate how Divorce in NSW should occur.
Gillard Family Lawyers is a boutique family law firm specialising in property, parenting and divorce application proceedings.
If you are looking for divorce lawyers it may be for a range of different reasons. You may have already finalised your property settlement and parenting arrangements shortly after separation and now that you have been separated for the required period of 12 months you wish to file for divorce.
Alternatively, you may be searching for a lawyer or legal aid to handle all legal aspects of your separation including property, parenting and divorce. These three different areas can all be dealt with separately and are not dependent of each other. Therefore, you can finalise your property settlement and parenting without filing for divorce at the same time. Some parties legally finalise their property and parenting arrangements years before they make an application for divorce.
For more information on property settlements and parenting arrangement please click on our dedicated website pages. On this page we will consider what is legally required for parties to make a divorce application in NSW.
Making a sole or joint divorce application:
You can file a sole application for divorce and serve it on the other party, or you can file a joint application. If you file a sole application, you will need additional documents such as an affidavit of service.
When can I apply for divorce in NSW?
You have grounds to apply for divorce in NSW when you have been separated for 12 months. The Family Law Act requires that there is an irretrievable breakdown of the marriage and this is established by showing that you have been separated for 12 months.
In order to be separated, it requires more than just physical separation. An example of evidence that may be considered if the 12 months’ separation is disputed is even though parties did not live together is, did they:
- continue to operate joint bank accounts,
- maintain a sexual relationship, and
- attend social functions together.
Separation under the same roof:
It is possible to live under the same roof and be separated. You need to show evidence of how your life changed once you separated. For example, who took care of the washing, who cooked the meals, who looked after the children, did you move to separate bedrooms. You need to show how your routine and living arrangements under the one roof changed. Not everyone’s relationship is the same. Some parties hardly live together even when they are married. In essence, you need to show what your marriage life was like compared to life once you separated.
How long does a divorce take to be finalised?
Once the Registrar in the divorce hearing is satisfied that the other party has been served and the twelve month separation period has passed (and any other requirements have been met), a divorce order will be granted. The divorce order then takes effect one month and one day later.
The Family Court of Australia continues to provide divorce information and kits, and some clients find it easy to complete themselves. There are, however, some clients that continue to need the assistance of a lawyer with their application. This may be for a range of reasons such as domestic violence, and general fear of attending a disputed divorce hearing. You can contact one of our lawyers to discuss how we can assist you, and the legal fees involved in filing for divorce.