Divorce is a complicated issue when it comes to legal matters, and it isn’t as simple as just separating from your partner. In this blog post, read some of the legal implications of divorce in NSW so that you can understand what might happen to your situation if you decide to proceed with divorce proceedings.
Divorce doesn’t automatically decide property division or child arrangements, so you must agree on these issues or have a lawyer help you.
You must also satisfy the Australian Family Court that you’ve been living separately and apart for at least 12 months before filing a divorce application.
If you’re not ready to file for divorce, don’t worry—you have time.
You have 12 months after your separation date to apply for a divorce. If this deadline has passed and you’re still without a final order of dissolution, there are two options:
File for “special leave.” In Australia, the court supervises all divorces and will not allow your case to go to court unless there are exceptional circumstances.
This means that the average time for a divorce in NSW is about six months from filing until finalisation. In NSW alone, more than 126000 cases are pending in different courts, which implies that the court’s time is quite precious.
However, if you’re unhappy with the outcome of your case or want a fast-track process (for example, if you have children), you can apply for an ex-parte order. This means that only one party needs consent from their partner before proceeding with legal action against them—the other party remains unaware of what’s going on until after they’ve filed their application with the court clerk.
You can apply for your divorce or hire a lawyer to do it for you.
If you wish to apply for a divorce, the application must be filed in court and served on your spouse before either party uses it with the Court of Appeal. If both parties agree on the divorce, they may file their separate applications at any time during their marriage (or howsoever long after they have separated) provided that each party has not already applied separately by petition under section 70(2).
You must satisfy the Australian Family Court that you’ve been living separately and apart for at least 12 months before filing a divorce application.
You can’t file for divorce until you have been separated for at least 12 months. This means that if:
- You’re legally married (for example, through a religious ceremony), then it will be accepted by the court as proof of your separation; or
- You were living together with someone who is not your spouse but believed themselves to be married (for example, through an informal relationship);
- Your marriage ended “irretrievably” due to adultery on one side of either party’s part—this would include people who are already divorced but have remarried since their previous marriage.
Divorce is a complicated issue when it comes to legal matters and isn’t as simple as just separating from your partner. It involves many different parties and can affect the family law court, making it essential that you understand the process and are ready for it.
This article should have helped you understand the legal implications of divorce in New South Wales. If you’re considering taking this action, getting advice from a lawyer is essential before starting any steps towards separation or divorce. In case of any doubt, it is always important to take the assistance of a good lawyer.
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