The Law Society of NSW Specialist Accredititation 

Divorce Applications

Divorce can be explained through the following points:

Before Divorce

  • Divorce is an Order made by the Court dissolving a marriage.
  • A Court can grant a Divorce once it has been established by at least one party, that the marriage has irretrievably broken down.
  • A Court will accept the marriage has irretrievably broken down, if it is established that the parties have been separated for 12 months.
  • If you have separated from your partner/spouse but remain living in the same residence, you must demonstrate to the Court that separation has in fact occurred. This is usually done by filing an Affidavit, explaining the circumstances of the separation and subsequent living arrangements.
  • If you and your spouse/partner have children together, and those children are over 18 years of age, you do not have to be present at Court for the Divorce to be granted.
  • However, if your children are under 18 years of age, the Court will require you to be present at court to provide information as to the care arrangements for the children.

After Divorce

  • One month and one day after the Divorce Order is granted, it becomes final, and you can marry again if you wish.
  • Once the Court makes an Order granting the Divorce, you are then given 12 months to commence proceedings to have the property of the relationship distributed, or seek spousal maintenance if applicable. This can be done at any stage prior to the Divorce being granted.
  • If you come to an agreement about how you wish your assets and liabilities to be divided, you can formalise that agreement a number of ways, such as an Application for Consent orders, Terms of Settlement, or a Binding Financial Agreement.
  • Alternatively, you can have the Court decide the asset and liability distribution for you, by way of a Hearing.

To obtain further information on divorce, please contact our office on 02 682 3133 or on, to arrange an initial consultation. We look forward to hearing from you.