Divorce

The breakdown of a marriage is an extremely difficult time for all involved. It is a highly emotional time, yet there are many practical and legal considerations and arrangements to be made.

Burbank & Brown in Nowra can provide compassionate and realistic expert advice, and specialist legal representation throughout the divorce process to alleviate your stress and ensure your divorce application gets over the line the first time.

In Australia, a divorce application can be made only if your marriage has broken down irretrievably. You and your former spouse must have been separated, that is having lived separately and apart, for a continuous period of not less than 12 months before making the application. You can, under Australian law, have lived separately and apart while remaining under the one roof, and still be eligible for a divorce.

In addition, if there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.

We estimate the whole divorce process generally takes about 5 months and involves:

1. The completion and lodgement of a divorce application to the Federal Circuit Court of Australia which is then sworn and filed with the Court.
2. An application hearing where the court will determine whether a couple has met the requirements for a divorce.
3. Granting of a divorce order by the Court which will take effect 31 days after the date the divorce order was made.
   

As divorce will only be granted in Australia once suitable care arrangements have been made for any children of the marriage, parties considering divorce must be aware of the different provisions regarding parenting arrangements, such as parenting plans, consent orders and parenting orders.

Read more about parenting arrangements and agreements, why reaching an agreement between both parties is essential, and the steps that need to be taken if an agreement cannot be reached.

Married couples have one year from the date of divorce to begin property settlement proceedings. In contrast, de facto couples have two years from the end of their relationship to commence proceedings.

It’s important to note that the court’s discretion is broad when it comes to making orders. Read more about property settlements, and how orders are determined by the courts.

Burbank & Brown will assist you through your divorce by:

• Taking your instructions to complete the application to include all jurisdictional requirements
• Preparing all necessary court paperwork
• Filing your application with the Federal Circuit Court of Australia
• Dealing with and serving the other party if your application is not a joint application
• Appearing at the Divorce Hearing.
  

Burbank & Brown provide a fixed fee for all divorce applications. See What to Expect for more information about our fees.

At Burbank & Brown, we’re committed to helping our clients through the difficult and often emotional divorce process. As a team of divorce lawyers in Shoalhaven, we’ll be with you through each stage of the process, ensuring you receive the best possible outcome for your unique circumstances.

If you have any questions about divorce in NSW, or if you’d like to book an appointment with one of our expert divorce lawyers, call or email our office, or simply book online now.