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NSW How to Apply for a Divorce?

Discussion in 'Family Law Forum' started by Tee609, 15 February 2016.

  1. Tee609

    Tee609 Active Member

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    Hello, I'm after a no frills. He can have all the assets and quick easy divorce. What's the best way to go about it and how much will it cost me? And how does it work when you have kids? Is it still an easy process? Right now, he doesn't care to see them, only when it suits him.

    My 12-month separation period is up next month (we were married for 4 years, so no counselling). Once you file for divorce, do you have to go to court or is it all paperwork that gets done? And is it something I can easily do by the DIY kit or is it best to just do it through a lawyer?

    I have no idea how to go about it and he won't start the process from his end. I have to do it.

    Thank you for your time :)
     
  2. AllForHer

    AllForHer Well-Known Member

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    All you need to do is file an application for a divorce through the family court registry. Divorce in Australia is on a 'no fault' basis, so you only need to prove the relationship has broken down irreparably, which is shown by the 12-month separation period.

    It is not necessary to show that a property settlement has been completed or that care arrangements for the children have been established when applying for divorce, but if you make a sole application (ie without the other party's signature) and have children under the age of 18, you will need to attend your divorce hearing at the registry.
     
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  3. Tee609

    Tee609 Active Member

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    Thanks for taking the time to reply to me :)

    I doubt my ex will make things easy and won't do a joint application. what is a divorce hearing? And what happens when you have to attend it due to having kids and a sole divorce application? And where does this hearing happen? I got married in QLD I now live in NSW with my young kids and the ex lives in QLD.

    If I file in NSW does the hearing happen in NSW? will he have to attend to?

    Again, thanks so much for your help. I can't thank you enough :) :)
     
  4. AllForHer

    AllForHer Well-Known Member

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    You don't need the other party's consent to a divorce. You can just do a sole application, but it costs more and the other party still has to be served with the papers. They don't have to accept them, they just have to be served with them.

    The hearing takes about five minutes and is just in front of a Registrar who will ask if arrangements have been made for the children. This doesn't mean you have to explain what those arrangements are in great detail, it's as simple as "Yes, they live with me and spend time with him" or "The arrangements are currently being sorted out". If you live in NSW, that's where the hearing will take place and I can't confirm this, but you might be able to attend by phone - ask the registry about that when you file.

    The other party doesn't have to attend, but can if they wish. The hearing is definitely not a grilling about the how, why and what of the divorce, and it's definitely not an opportunity for the other party to contest the application. The court is unable to refuse an application for divorce just because one party doesn't consent - it can't force a person to stay married.
     

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