What to know when first considering divorce

Divorce can be a difficult and emotional experience for anyone, and it's important to be aware of the legal process involved in getting a divorce in New South Wales. Here are some important things to consider:

  1. Eligibility: To be eligible for a divorce in NSW, you must have been separated from your spouse for at least 12 months and consider that the marriage has irretrievably broken down. It's important to note that you do not need to have been married for a minimum period of time to get a divorce.

  2. Filing for divorce: To apply for a divorce in NSW, you'll need to fill out an application form and submit it to the Federal Circuit Court of Australia. You can do this online or in person. There is a fee to file for divorce, but you may be eligible for a fee waiver if you're experiencing financial hardship.

  3. Parenting arrangements: If you have children, it's important to consider how parenting arrangements will be made after the divorce. This includes decisions around where the children will live, how much time they'll spend with each parent, and how decisions about their upbringing will be made.

  4. Property settlement: It's also important to consider how property will be divided after the divorce. This includes assets such as the family home, vehicles, and superannuation. It's recommended to seek legal advice to ensure a fair settlement.

  5. Emotional support: Divorce can be emotionally challenging, and it's important to seek support from friends, family, or a professional counsellor.

In summary, getting a divorce in NSW involves considering eligibility, filing for divorce, parenting arrangements, property settlement, and emotional support. Seeking legal and emotional support can help make the process smoother and less stressful.

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Protecting your interests during separation