Show me the Divorce

“Show me the Divorce”

I think the above is 100% the recent that Bill and Melinda Gates are getting a divorce. Could you imagine dealing with that for 27 years?
If you and your partner have decided to divorce, there are few steps involved in that process. It can be overwhelming process if you have never had to get divorced before. The following is a simple guide to inform you of what is involved in getting a divorce to make the process a little bit easier for you to understand.

To get divorced in New South Wales you must first be eligible this means meeting several requirements. You must be able to prove that you are currently legally married, there has been a breakdown in your relationship with no chance of reconciliation, you have been separated for more than 12 months, one of you must be an Australian citizen, permanent resident or have been living in Australia for 12 months.

In the case of shorter marriages less than two years, Nicholas Cage or Lisa Marie Presley would tell you the requirements are a little different. You will need to participate in counselling to ensure there is absolutely no chance of reconciliation between you both. 

 These pre-requisites can be proven through documentation primarily being your marriage certificate and any relevant document proving your citizenship if necessary. 

 Next, you will need to determine if you and your partner would like to file a joint application or a sole application. A joint application will require one of you to fill out the application and then have the other person sign the divorce application as well as an affidavit for e-filing application. If you wish to make a sole application, you will only be required to sign an affidavit for e-filing. You will then need to serve the application for divorce in accordance with the relevant rules of service.  

After deciding whether you wish to make a joint or sole application you will need to enter the relevant details into the Application which can be found at the Federal Circuit of Australia website. Your application must be signed and witnessed by a JP or a solicitor. The Family Law team at Bale Boshev can assist you with completing the application and provide you with advice on law surrounding divorce, the divorce hearing process itself, and we can appear for you to ensure you receive a final Divorce Order.

Once your application is executed and witnessed you will need to file the application using the Commonwealth Courts Portal. At current the filing fee for an Appication for Divorce is $930. You may eligible for a reduced rate of $310 if you retain a government concession card or have other extenuating circumstances.

Following this your application will have been successfully filed you will receive a copy of the Application with the stamp of the Court as well as date for your Divorce Hearing. You will need to then file an Affidavit for efiling Application as mentioned before, this can also be found on the Federal Circuit Courts website. You will need to then serve on the other party the sealed Divorce Application, Affidavit for efiling Application and an Affidavit of Service. The other party will be required to sign the Affidavit of Service to say they have received the documents. You may need to engage a professional process service to serve the documents on your behalf if you do not feel comfortable serving the documents yourself.

On the date of your court hearing you may not even be required to appear – if you have filed a sole application you will only be required to attend if there are children under the age of 18. There is another instance where the Family Law team at Bale Boshev can be of assistance to you. 

If you have satisfied the grounds for divorce you will be granted a divorce order. A divorce order only provides for the dissolution of the marriage. You need to consider what is to occur with your property and any custody arrangements for any children of the marriage, especially as time limitations commence from the date your divorce is ordered.

If you would like further advice in regards to divorce, property settlement or parenting arrangements please contact the Family Law Team on 02 4969 1522.

Article by Ellie Sumner 


Ellie Sumner – Solicitor

Ellie practises in family law, wills and estate matters and has spent the last three years working in the North West and Newcastle and Hunter regions.

Ellie also has experience in worker’s compensation and personal injury.

Ellie makes regular appearances in the Family and Federal Circuit Courts of NSW at Newcastle

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