Filing for divorce in New South Wales (NSW) involves several steps to ensure compliance with Australian family law. Here’s what you should consider if you’re considering filing for divorce.
1. Confirm eligibility
Before applying, ensure you meet the following criteria:
- Residency: You or your spouse must be an Australian citizen by birth, descent or by grant of Australian Citizenship, or have lived in Australia for the 12 months immediately before filing and you intend to continue living in Australia (you must have a valid or current visa.)
- Separation period: You must have been separated for at least 12 months and 1 day. It’s possible to be separated while living under the same roof; however, additional evidence will be required in such cases.
2. Prepare the necessary documents
- Marriage certificate: If married in Australia, obtain a copy from the Registry of Births, Deaths and Marriages if you don’t have one. For overseas marriages, provide a translated copy if it’s not in English.
- Proof of citizenship or residency: Documents such as a passport, citizenship certificate, or visa.
- Affidavits: If applicable, especially if you were separated under one roof or if your name differs from that on the marriage certificate.
Additional considerations
- Parenting and property matters: Divorce does not resolve issues related to children or property. Separate applications are necessary for parenting orders and property settlements.
- Legal advice: It’s advisable to seek legal advice to understand your rights and obligations fully.
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Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.