Norwest Family Law

Divorce Lawyers

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Accredited Divorce Lawyer in Sydney

Whether you are about to apply for divorce, currently in the process of divorce proceedings, or you just need advice on what options are available to you, David Chesters – an Accredited Divorce Lawyer in Sydney – will be happy to assess your case, and offer expert legal advice to help you reach a successful outcome.

In order to apply for divorce, you must either approach the Family Court of Australia or the Federal Circuit Court (also known as the Federal Magistrates Court). While the process itself is fairly straightforward, there are strict requirements that both you and your former partner must meet.

Eligibility Requirements for Obtaining a Divorce

Below is a breakdown of the requirements for obtaining a divorce in Australia. Keep in mind this is only a general guide. For legal advice related to your unique circumstances, contact Norwest Family Law. David Chesters, your trusted divorce lawyer in Sydney, will gladly take your call.

You must prove the marriage is valid

Provide a copy of the marriage certificate in English. If the marriage certificate is in another language, you must have the documented translated to English before you submit it. If you don’t have a marriage certificate, you will be told what other documentation you can provide to prove the marriage is valid.

You must be separated from your partner for at least 12 months on a continuous basis

This means you have both not identified as a couple for at least 12 months. If there was a brief period of reconciliation, which lasted for 3 months or less, you can continue the 12 month separation period from where you last left off. However, if the reconciliation period lasted for longer than 3 months, then you must restart the 12 month separation period.

For either you or your partner to apply for divorce, one of you must meet at least one of the following criteria:

You must prove an appropriate arrangement has been made to ensure the ongoing care of your child/children

This does not have to be a formal arrangement. It can simply be a verbal or written agreement between both parties. However, you must prove the child/children has a permanent place to live, and that a primary caregiver will provide an appropriate level of care.

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