Need help with a property settlement or parenting arrangements?

To apply for a divorce in NSW, you must complete an online application through the Federal Circuit and Family Court of Australia. You must meet residency requirements, meaning that you or your spouse must be an Australian citizen, have lived in Australia for at least 12 months, or regard Australia as your permanent home. You must also have been separated for at least 12 months with no reasonable chance of reconciliation. If you and your spouse are still living under the same roof but are separated, you will need to provide additional evidence, such as affidavits from friends or family.

If there are children under 18, the court must be satisfied that proper arrangements are in place for their care, including their living situation, schooling, and financial support. Once the application is submitted, a court hearing will be scheduled, and if the divorce is granted, it becomes final one month and one day after the hearing. However, divorce only legally ends the marriage; it does not resolve financial or parenting matters, which must be handled separately.

The entire divorce process generally takes about four months from filing to finalisation, but this timeline can vary depending on court schedules and whether all paperwork is correctly submitted. Once an application is lodged, it typically takes a few weeks for the court to process it and schedule a hearing date. If all requirements are met and the application is not contested, the divorce order is made at the hearing. However, there is a mandatory waiting period of one month and one day before the divorce becomes final.

Delays can occur if documents are incomplete, if one party is uncooperative, or if issues arise with serving the divorce papers. Additionally, if you were married for less than two years, you are required to attend counselling and obtain a certificate before filing for divorce, which can also extend the process.

If your spouse refuses to sign or cooperate with the divorce process, you can proceed with a sole application. Once filed, you must serve the application on your spouse using an authorised method, such as personal service by a process server or registered post. Your spouse has 28 days (if in Australia) or 42 days (if overseas) to respond.

If they ignore the documents or fail to respond, you can proceed without their consent, and the court will decide the matter based on your application alone. If they contest the divorce, they must provide valid reasons, such as disputing the 12- month separation period. However, in most cases, objections are unsuccessful unless they can prove reconciliation.

When parents separate, they are encouraged to reach a mutually agreeable parenting arrangement without court intervention. If they cannot agree, the Federal Circuit and Family Court of Australia (FCFCOA) can make legally binding parenting orders. The court’s primary concern is the best interests of the child, which is assessed based on factors such as:

• Ensuring the child has a meaningful relationship with both parents, provided it
• is safe
• Protecting the child from harm, including family violence or neglect
• The child’s emotional and psychological well-being
• The child’s wishes, depending on their age and maturity
• Practical considerations, such as schooling, housing, and financial stability

Before going to court, parents must attempt family dispute resolution (mediation) unless an exemption applies (e.g. family violence). If an agreement is reached, it can be formalised as a parenting plan (not legally binding) or consent orders (legally enforceable). If no agreement is reached, the court will decide, often involving expert reports and, in some cases, an Independent Children’s Lawyer (ICL) to represent the child’s interests.

Relocating with a child after separation can be complex, particularly if the move significantly impacts the other parent’s time with the child. If both parents agree, the arrangement can be formalised through a parenting plan or consent orders. If one parent opposes the move, the parent seeking to relocate must apply to the court for permission. The court considers factors such as:

• The reason for the relocation (e.g., employment, family support)
• The impact on the child’s relationship with the other parent
• The practicality of maintaining contact (e.g., travel costs, online communication)

If a parent relocates without the other parent’s consent or a court order, the court can order the child’s return.

Yes. Under the Family Law Act 1975, grandparents have the right to apply for parenting orders if they have an ongoing and meaningful relationship with the child. This is often relevant when:

• A parent is unwilling or unable to care for the child
• The child has been removed from the grandparent’s care
• A grandparent has been denied access by a parent

The court assesses whether maintaining a relationship with the grandparent is in the child’s best interests.

Property owned before marriage is included in the property pool, but its impact on the settlement depends on factors such as:

• The length of the relationship
• Whether the property was used as a family home
• Financial and non-financial contributions made by each party

In long relationships, pre-marital property may become less significant, while in shorter relationships, initial contributions are more relevant.

Joint debts, such as mortgages, loans, and credit cards, remain the responsibility of both parties until they are refinanced or repaid. Even if one party agrees to take over a debt, the lender can still hold both parties liable unless it is formally Refinanced. To protect yourself:

• Close joint accounts to prevent further liabilities
• Seek a court order to determine debt responsibility
• Ensure debts are refinanced solely in the responsible party’s name

If debts are disputed, the court can allocate responsibility based on fairness and financial capacity.