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For all parties involved, a divorce is often an incredibly difficult process both emotionally and legally. However, in NSW, working through this traumatic period is relatively straightforward and can allow you the time to move on quicker with confidence.
The guidance of a competent lawyer throughout the divorce proceedings will provide you with the appropriate advice alongside unwavering support. Complications are unfortunately common in times as stressful as these, especially if children are involved, so it’s important you’re kept in the know at all points in the timeline.
Here’s what to expect in the divorce process so you can be sure you’re best prepared for what lies ahead.
The timeline of a divorce
There are five distinct phases of the divorce process:
- Separation period (at least 12 months)
- Divorce application submittal (after at least 12 months)
- Court hearing (scheduled 4-8 weeks after application submission)
- Divorce finalisation (resolved one month and one day after a successful hearing)
- Asset and custody settlement (may take months or years)
Separation period
The separation period begins the moment either one or both parties end the relationship. It is essential to note the exact date this commences as it is a legal indicator for the coming proceedings. During this time, you should prepare substantive evidence that there is no chance your marriage can be reconciled and that it has irreparably broken down. Separate living situations are very telling but not at all essential or achievable in many circumstances, and failed attempts with marriage counsellors also constitute powerful proof.
To fast-track the divorce process, it is recommended that asset settlement is at least negotiated or prepared before the submission of the divorce application. This is more often than not a very challenging time and can take extended periods of back and forth, so it’s efficient to begin negotiations as soon as possible. Although understandably tough, try discussing parenting arrangements (if applicable) during this time too. The help of a family lawyer is oftentimes essential in this period.
You can file a divorce application with the Court even if your partner is against the separation or if no agreements have been met, though mutual applications are commonly processed quicker as many aspects of the proceeding have already been negotiated.
Divorce application submittal
The divorce application process can begin after at least one year of separation and be filed solely or mutually. A process server will need to serve a copy of your court documents on your former partner if you’re filing solely so they are aware of the proceedings taking place.
As aforementioned, substantial proof of an irretrievable marriage collapse is paramount to an application’s success, alongside valid identification and marriage documents. Even if temporary, parenting arrangements must also have been organised for all points to be satisfied.
If you had been married for less than two years, you must have tried and failed to reconcile with the assistance of marriage counselling before you are able to apply for divorce. In the circumstances that this process is unachievable due to reasons such as threats of safety or distance, you will need to provide an affidavit to the Court, which is a written statement thoroughly explaining why.
Court Hearing
The divorce hearing will be scheduled by the Court at least 4-8 weeks after the application was submitted. You do not have to attend unless children under the age of 18 are involved, where both parties must be present to discuss parenting arrangements.
A registrar will firstly confirm or question information outlined in the application. Asset settlements and custody may also be discussed, though nothing has to be finalised and orders will not be made at this time. Asset divisions and custody processes can be sorted following the receival of your divorce order.
Divorce finalisation
A divorce will be finalised and legalised one month and one day after a successful hearing. This will only occur if the Court is satisfied that you have met all the requirements of a divorce and that all provided information is correct and relevant.
It is a criminal offence to remarry before the finalisation process in Australia.
Asset and custody settlement
Separate from the divorce proceedings, asset and custody settlements (if children are involved) can be a stressful and sometimes long process. This involves the legal split of assets and liabilities such as homes, vehicles, businesses and various forms of debt, and the ordered living arrangements and care plans of children. Reaching a mutual agreement is the ultimate aim.
With so much on the line, things can quickly become complicated. Reach out to a competent divorce or family lawyer as soon as possible, as this last phase of the divorce process is commonly the most difficult.
Emerge with confidence
At Prominent Lawyers, we understand that with divorce comes an array of complicated emotions, questions and proceedings. As empathetic and experienced divorce lawyers in Sydney, we are prepared to provide unwavering support and unparalleled advice every step of the way.
Let’s get you back on your feet without coming up short.
