Family Law is the same in all states and territories (except for Western Australia) and divorce is applied after parties have been separated for 12 months. To obtain a divorce, only one of the parties need consider that the marriage has irretrievably broken down and parties can be separated but remain living under the same roof which is not uncommon particularly when children are involved.
In New South Wales a Divorce is now applied for in the Federal Magistrates Court.
Where the matter is straightforward such as:
- where there are no children
- the parties have entered into orders or an agreement about the children
- the children are over 18 years of age
- the marriage was over two years in duration
- the Application was made by both parties to the marriage
- the Respondent has signed and returned to the court the Acknowledgment of Service
In any of the above circumstances, the Federal Magistrate will probably deal with the matter in chambers which means parties may not need to attend court at all. If the Federal Magistrate grants the order, the Certificate will be sent out one month and one day after the order was made, at which time the divorce order becomes effective.
Within 12 months of obtaining the grant of divorce you must enter into a Financial Agreement or seek Consent Orders regarding any property issues in dispute between yourself and your ex-spouse or potentially forever lose the right to make claim for a distribution of the marital assets.
Visit www.familycourt.gov.au where you can download the Family Law Court Divorce Application Kit which takes you through the process step by step: Alternatively, we can act on your behalf.
Our costs to act for you to obtain a divorce start at $990.00 plus GST plus filing fees.