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Prior to the Court granting a divorce, it must be satisfied that there has been an irretrievable breakdown of the marriage and that there is no reasonable likelihood of the husband and wife resuming married life.

The Court will grant a Divorce if, and only if, it is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately prior to the date of filing for the Application for Divorce.

Your marriage certificate may be used to prove that you had a valid marriage.

If you were married in Australia, you may obtain a copy of your marriage certificate from the Registry of Births, Deaths and Marriages in the capital city you were married.

If you were not married in Australia and do not have a copy of your marriage certificate and are unable to obtain a copy, you will need to provide an affidavit to the Court.

If your marriage certificate is not in English you will need to file an English translation of it and an affidavit from the translator.

If you and your spouse have been married for less than 2 years, then prior to applying for a divorce you will be required to:

1. Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse; or
2. If you do not attend counselling, seek permission from the Court to apply for a divorce.

It is important to note that the fact that you were married in Australia is not grounds enough to apply for a divorce in Australia.

If you were married overseas, you may still be entitled to apply for a divorce in Australia.

To be eligible to apply for a divorce in Australia, you or your spouse must meet at least one of the following criteria:

1. Regard Australia as your home and intent to live indefinitely in Australia.
2. Australian citizen by birth or descent.
3. Australian citizen by grant of an Australian citizenship.
4. Ordinarily live in Australia and have done so for 12 months prior to filing for divorce.

At least one spouse must regard the marriage as over on the date of separation and must have communicated this to the other spouse in some way.

It is possible for you and your spouse to be separated but to continue living under the one roof during the 12 months prior to applying for a divorce. If this is the case, then you will have to prove to the Court that you were separated during this time.

You and your spouse can live together as husband and wife for one period of up to 3 months after separation.

If you and your spouse have children then the Court will only grant a divorce if it is satisfied that:

1. Proper arrangements are made for all children currently under 18; or
2. There are special reasons why the divorce should be granted even though proper arrangements for all children are not made.

The law provides that a child of the marriage includes:

1. Any child of you and your spouse, including children before the marriage or after separation;
2. Any child adopted by you or your spouse; or
3. Any child who was treated as a member of your family prior to your final separation.

At the time of filing your Application for Divorce, the Court will provide you with a time and date for a hearing. This hearing date is usually 9 to 10 weeks later however can be longer depending upon the volume of cases within the Court.

Once the divorce is granted, there is a further wait of one month and one day until the divorce becomes final at which time the Court will issue a certificate of divorce.

While an Application for Divorce need only be completed by one spouse (sole application), without providing a copy of the Application to your spouse in accordance with the law, the Court may not deal with your matter.

If you are unable to provide a copy of the Application to your former spouse because you do not know where they are, despite making every possible effort to find them, then you may be able to apply to the Court to seek an order to dispense with service or for substituted service.

At Szabo & Associates we believe that separation doesn’t have to be harmful for children if it is managed well.

Whilst some parents may be able to reach an agreement with respect to their child/ren’s living arrangements after a divorce, many cannot. We take a collaborative and pragmatic approach to parenting matters.

We do our best to facilitate a resolution between the parties and to prevent unnecessary parental conflict.

Once your divorce becomes final, you have 12 months to make an application for property or maintenance orders.

If you wish to make an application after the 12 month period you will have to obtain the Court’s permission to apply.

We can provide advice and guidance on:

• Property settlements
• Spouse maintenance
• Binding Financial Agreements

A property settlement is the process of dividing up the assets and liabilities that were accumulated during the course of a marriage. This includes all real estate, personal property, financial assets and liabilities, superannuation, business interests and any other debts or investments.

The process of a property settlement can be complex and it is important to seek professional legal advice to ensure that all assets are divided fairly.

The Family Court of Australia will consider a range of factors when deciding how to divide the assets such as each party's financial situation, contributions made by each party during the marriage and any parenting arrangements. Once an agreement has been reached it must be documented in a legally binding Property Settlement Agreement before it can be enforced by the family law court.

A divorce order in is a legal document issued by the Family Court of Australia that officially ends a marriage. This document outlines the terms of the divorce and is legally binding on both parties.

It will set out details such as who will have custody of any children, how property and assets will be divided, and if either party is to receive spousal maintenance. In some cases, it may also include details about child support payments. Once the divorce order has been issued, it cannot be changed without permission from the court.

Therefore, it is important to seek professional legal advice from a family lawyer before signing any divorce orders in Sydney NSW to ensure that all documentation is accurate and compliant with the law.

Spousal Maintenance is a type of financial support that may be provided to one partner by the other following a divorce or separation. This type of support is provided to ensure that the receiving partner can maintain their current standard of living and is usually ordered in circumstances where one partner has a lower income than the other.

The amount of spousal maintenance and how long it will be paid for will depend on each individual's circumstances, such as their income, assets, liabilities, and any ongoing parenting responsibilities. In some cases, spousal maintenance may be paid on a temporary basis until the receiving partner can become financially independent. In other cases, it may be paid for an indefinite period of time.

A family law solicitor can help advise you on all aspects of Spousal Maintenance matters.

A Divorce Application is a legal document that is filed with the Family Court of Australia, which officially ends a marriage. The application must include details about the marriage, such as when it began and ended, and must be signed by you and your soon to be former spouse. It must also include evidence that the parties have lived separately for at least twelve months prior to the divorce application being made. Once the application is granted by the Court, both parties are free to remarry if they wish. The divorce process can take several months to complete and involves a range of legal steps before it is finalised. It is important to seek professional legal advice when preparing a Divorce Application in Sydney NSW to ensure all details are accurate and complete.

Consent Orders are legally binding documents that are prepared and signed by parties who have come to an agreement about their property or parenting arrangements. These orders can be made with the help of a family law solicitor, or with the assistance of Sydney Divorce Lawyers.

Consent Orders can cover a range of matters including property division, spousal maintenance, child support and parenting arrangements. They provide certainty to the parties involved and ensure that all matters are clearly laid out in writing. Consent Orders must be approved by the Court before they can take effect, but if both parties agree to the terms then this process is usually straightforward.

Once approved, Consent Orders become legally binding and must be adhered to by both parties.