NSW AVO and marriage separation

[Maria Pickles]

How does a man with an AVO current start separation and divorce processes in NSW

I am concerned for my brother who has mental health issues, is out of the family home with an AVO.

He has been seeking a way to confirm his wife's intentions and start to.make a new life.

 

[Noel Harris]

An AVO does not prevent your brother from starting separation or divorce proceedings as the two run completely independently. He can instruct a family lawyer, file for divorce after 12 months of separation, and negotiate property through his solicitor without any direct contact with his wife. The AVO shapes how communication happens, not whether it happens. It also has no bearing on his entitlements in a property settlement and he is still entitled to a fair division of assets regardless.

---

Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.