The end of a marriage can be traumatic, even when both parties have come to the conclusion that divorce is the best choice. Should you find yourself in this situation, you can trust the advice and guidance of divorce lawyers, like those at Owen Hodge.
Call our divorce and family lawyers on 1800 770 780 to schedule an initial consultation.
What is divorce?
Divorce is the legal dissolution of a marriage. People often confuse a divorce with the process of negotiating how the parties’ assets and liabilities will be divided, which can be complex. However, divorce itself is a straightforward process.
Requirements for divorce NSW
Before you can make an application for divorce, you must meet some requirements. These include:
1. Evidence of a valid marriage
A valid marriage is usually evidenced by attaching a copy of your marriage certificate to the application for divorce. If you were married in Australia and have lost or misplaced your marriage certificate, you can easily obtain a copy by contacting your local Births, Deaths and Marriages registry.
If the parties were married overseas, and for one reason or another, no longer have a copy of their marriage certificate, they will need to file a short statement. This will be sworn by them, describing the details of their marriage and why they cannot obtain a copy of the marriage certificate.
2. Irretrievable breakdown of the marriage evidenced by 12 months of separation
To prove that a marriage has irretrievably broken down, the Court must be convinced that the parties have been separated for a period of at least 12 months.
It is possible to obtain a divorce even if you and your spouse have been living in the same house while separated. However, a written statement from the party who is making the application and an additional witness, (which needs to cover specific issues surrounding the parties’ separation under the one roof), must be filed with the application.
If you find yourself in this situation, we urge you to seek legal advice from one of our divorce lawyers who can give you advice specific to your circumstances.
Learn more: marriage separation
3. Either you or your spouse is:
- An Australian citizen (either by birth or with an Australian citizenship)
- In Australia legally and have lived here for the last 12 months
4. Undertaken marriage counselling if married for less than 2 years
If you are seeking a divorce and you have been married for less than two years, both parties must participate in marriage counselling (unless there has been violence, abuse or you are unable to locate your spouse).
If you are not able to attend counselling with your spouse, it may still be possible for you to obtain a divorce and we would encourage you to seek advice from our divorce solicitors.
How to apply for divorce
Once you have met the above requirements, and have all the relevant documentation, you can apply for a divorce through the Commonwealth Courts Portal. You can also either file a joint application or a sole application.
It’s important to note that you will have to pay a fee when you file your application for divorce.
Alternatively, Owen Hodge’s divorce lawyers can prepare all the required Federal Circuit and Family Court divorce documentation for you and attend your divorce hearing. This will help ensure that the emotional and financial impact of this difficult time on you is minimised. Please don’t hesitate to get in touch with our experienced lawyers on 1800 770 780 if you need help applying for a divorce.
Divorce & property settlements
It is important to note that from the date the divorce order is made, the parties have 12 months to make an application to the court for a property settlement (if the division of the assets has not already been finalised).
If you require assistance with this, please don’t hesitate to contact our experienced property settlement lawyers.
- Dividing assets in divorce
- Splitting superannuation after separation
- Consent orders
Here’s what our clients are saying
My divorce has gone through without a hitch. Thank you for all your help and advice through this process.
Helpful and Supportive
During my divorce proceedings I was in a position I had never experienced previously and was not sure what direction to take.
Kristy Lee advised me in a way that was easy to understand but also firm & direct which to my surprise led to a favorable outcome and put an end to any future hardship I could have gone through.
I won my case at the Guardianship Tribunal
“I won my case at the Guardianship Tribunal yesterday.. After discussions with my mother, we agreed that it would be in my aunt’s best interest to have the Public Guardian take over as I just cannot manage her doctor’s appointments, support care arrangements, dental, optical appointments etc from so far away… I did however retain my Enduring Power of Attorney position, and it was upgraded to being my aunt’s Private Manager…
Many thanks to Christine Vrahas, Alice Holman, and James Kelly for all the time and support that was given leading up to the settlement of my Aunts estate.
Thank Debbie and James
Just a quick note to thank Debbie and James for the great work you did for Dad in the sale of his Greglea unit. You made the sale for me very easy to deal with and I appreciate the effort you put into it.
Thank you for making a difficult time easier for us
On behalf of the family I would like to thank you for the professionalism that you have shown in your handling of our mother’s estate. We appreciate it very much. It was a hard and sad time, but your kindness made it so much easier for us.
Thank you Family Law Team
Thank you for your time, effort and honesty in assisting me with my case this year.
Thank you Kristy-Lee Burns
I would highly recommend Kristy-Lee to my family and friends for family law matters that they have……
Thank you, Kristy-Lee
I was always informed and reassured that the outcome of my case would be best for myself but most importantly moving forward with my children and my life.
Kristy-Lee has extensive experience and knowledge in regards to family law and her beautiful nature and considerate approach is what I will be forever thankful for.
Thank you Owen Hodge Lawyers Hurstville
I would like to send a big thank you to the team at Owen Hodge Lawyer Hurstville for their collective effort to resolve my late Wife’s estate dispute and all before Christmas.
Frequently asked questions
The person filing for the divorce will pay for the divorce application fee. If there is a joint application, the ex-spouses can split the fee.
A divorce lawyer can help you with:
- Your application for divorce
- The property settlement (including dividing the assets and property)
- Organising parenting agreements
- Drafting spousal maintenance agreements
- Attending divorce hearings
The average cost of a divorce lawyer differs from case to case. It can also depend on whether the divorce lawyer is helping you organise your property settlement, parenting arrangements and so on, or how complicated the divorce is. Contact us at Owen Hodge Lawyers for details of how we charge.