Family Law Divorce FAQ'S
Do I need to get a divorce?
Getting a divorce is a personal choice for most people. The only time you must be divorced is if you wish to remarry.
However you may also take into consideration the following: After separation; you can make arrangements for property settlement, spousal maintenance, arrangements for children and child support. You do not have to wait to be divorced. Court proceedings for property settlement and/or spousal maintenance need to be commenced within 12 months of the divorce order taking effect. Outside of this period you need to seek special leave from the Court to proceed with a case for property settlement and/or spousal maintenance.
Also keep in mind that if you decide to stay separated rather than get a divorce immediately,
How long does it take to get a divorce finalised in NSW?
Separation - After a minimum of 12 months
File application in court - 6 - 8 weeks
Application served on spouse - within 28 days
Hearing date - which you are not required to attend.
- After 1 month your Divorce becomes absolute and your marriage is
dissolved. The court issues a Divorce Certificate. Either party is able
to marry after this point. A divorce in NSW takes approximately 12 weeks from application filing after the initial 12 month separation period.
When does my divorce in NSW take effect?
Your divorce takes effect 1 month after your divorce court order.
Can I oppose a divorce application?
You can only oppose the divorce where:
- there has not been 12 months separation as alleged in the application, or
- the court does not have jurisdiction.
If you have been separated for more than 12 months, there are few opportunities to oppose a divorce applicationIf you do not want the divorce to proceed, contact us as soon as possible as you will have to complete and file a Response to Divorce and appear in person at the hearing . You will be asked to set out the grounds on which you seek the dismissal in the Response to Divorce.
When we get divorced will all our property, maintenance and parenting arrangements be settled then too?
No, a divorce is a separate court proceeding. you must make separate lodging with your solicitor for all these matters. There are time constraints regarding lodging property settlements so make sure you book a time as soon as possible to ensure you have the best possible chance of a fair and equitable settlement.