If you are going to file for divorce in Sydney, then this page helps explain some of the details about the process.
There are many reasons marriages, and countless families break down in Australia. Sometimes, separation is amicable, and sadly, sometimes, it is not. Regardless, divorce almost always brings difficult times and stress, and it’s tough especially on children some times.
When filing for divorce in NSW, why not rely on professionals who can smooth the process for you and the family? Take advantage of our FREE initial phone consultation to discuss your situation & explore whether we’re the right family lawyers for you.
The legal processes involved in filing for divorce vary depending on where you live in Australia. In some states, you must go through a court system, while others allow you to file online. Either way, your application for divorce will be applied to the Federal Circuit Court of the Family Court of Australia or the Family Court of Western Australia, depending on where you are residing.
The following steps will provide an overview of the divorce process steps and give you an understanding on whether you have grounds for divorce.
a. You are an Australian citizen, either a citizen by birth or you are a citizen by grant of Australian citizenship. If you are an Australia citizen by descent, you will have to submit your Australian citizenship certificate; or
b. You must provide evidence that you are lawfully living in Australia and have been for at least the past 12 months.
After you have satisfied the listed requirements, it is recommended that you seek legal advice. You must know whether you will be completing a sole application or a joint application for divorce. A divorce lawyer can provide you with advice on the important things you will need to consider in completing a divorce application. Some of these considerations include:
Divorce cost is also a consideration for people thinking about filing for a divorce. There is a filing fee involved in applying for divorce. This application fee is $990, or you may be eligible for a fee reduction, whereby the cost will be $330. In applying for fee reduction, you will need to meet the necessary requirements. If you are submitting a joint application and only one party is eligible for the fee reduction, the full fee applies. Follow this link to see the guidelines for fee reduction. It is important to understand the fee for divorce applications prior to applying.
The next step is to complete the application for divorce form and any additional documents required. Once all you divorce documents have been filled out you will then file the application with the Family Court by uploading them on the Commonwealth Court Portal and pay the filing fee. If you are a sole applicant, you will need to serve a copy of the application and associated documents, once sealed, on the respondent. Once you have served the documents on your ex-partner, you will need to file an affidavit of service. If, however, you are unable to serve the documents on your ex-partner, you may be able to apply for substituted service. If you and your ex-partner are joint applicants, you should both retain a copy of the filed documents for your own records. A divorce hearing is only required for some circumstances. A divorce certificate will finally be issued.
If you choose to go through the court system, we recommend seeking a divorce lawyer to represent you. Obtaining legal advice through family law services is recommended to guide you through the divorce procedure. Please feel free to find out if you need a lawyer by contacting the local family law courts. If you do need a lawyer to represent you in your family law proceedings, advice from divorce lawyers at O’Loan Family Law can assist you.
When you’re filing for divorce in NSW, Australia, consider the advantages of hiring a reputable family lawyer:
Your law team’s strategy may also help you settle out of court, avoiding the stress of a trial. Further, family lawyers help resolve property division and child custody disputes calmly, with less disruption and a more friendly, win-win approach.
Should you wish to go ahead and file for divorce with O’Loan Family Law, the steps involved are as follows:
Should you be filing for divorce in NSW, you are under no obligation to go ahead with us. However, should you wish to hire us when filing for divorce, cost structures will be discussed during the consultation. We will then formalise the relationship by having you sign a Costs Agreement, part of our costs disclosure obligation to you.
If you do not complete your divorce paperwork in Australia, then you may be able to file for divorce later. However, you will need to wait until after the expiration date of the marriage certificate has passed, which is usually one year from the date of the wedding ceremony.
You may be able to apply for a court order to force your partner to sign them. However, if they refuse, then you will need to go to court yourself. The process could take up to 6 months, during which time you would be unable to remarry.
A legal separation in Australia is when two partners decide they want to live apart for some period of time, while still remaining married. This usually happens after one partner has been unfaithful. The other partner may be granted access to the children, property, and finances. If the couple decides to end the marriage, then a divorce must be obtained.
We are a boutique Family Law firm comprised of a team of efficient and eager ‘legal eagles’. Our flexible fee structure and transparent, honest, respectful and empathetic approach set us apart. We believe in collaboration rather than confrontation to achieve optimal solutions with the least upset to family structures, especially where children are involved.
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Family law can feel confusing and overwhelming. We’ve broken this down to be as simple as possible. This is what the journey looks like ahead. Our simple 6-step process to resolve your matter & allow you to move forward towards a better, happier and more fulfilled life.
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