How to apply for a Divorce in NSW
Dealing with a divorce can be emotionally taxing. It is important to familiarise yourself with certain statutory requirements prior to making an Application.
The power to deal with the dissolution of marriage is vested in the Federal Circuit and Family Court of Australia (‘FCFCOA’) under Part VI of the Family Law Act 1975 (‘FLA’).
Making an Application
Pursuant to section 48(1) FLA, an Application for Divorce can be made where there is an irretrievable breakdown of the marriage. This will have occurred where:
1. The parties exhibit separation for no less than 12 months; and
2. There is no reasonable likelihood of cohabitation being resumed.
In cases where the marriage has not survived two years, a counselling certificate will also be required. An Application for Divorce can be filed, either solely or jointly, with the FCFCOA where these conditions are satisfied.
Once the Application has been filed, the FCFCOA will schedule a divorce hearing to be conducted electronically. At this hearing, the Judicial Registrar or Deputy Registrar will make an order for the Divorce.
When will the Divorce be official?
A Divorce Order will generally be granted one month and one day following the hearing date, unless there are children under the age of 18 from the marriage (section 55(1) FLA). In those circumstances, a divorce order will take effect where proper arrangements have been put in place for the care, welfare and development of the children (section 55A(1)(b)(i) FLA).
We are able to assist with and provide advice on Applications for Divorce. Contact Tomas Atkins.
Disclaimer
The above does not constitute legal advice, but is information which may be of general interest. Beswick Lynch Lawyers will not be held liable or responsible for any claim, which is made as a result of any person relying upon the information contained in this publication.