What Does Living Separately Actually Imply When it comes to Divorce in NSW?

Living independently does not mean that the two separating individuals must live in divergent dwellings, what must be proven is that the relationship has ended.

Where children are involved, those under the age of eighteen must be brought to the awareness of the Court to prove that suitable arrangements have been made for their well-being. For instance, the child/children’s living arrangements must be acceptable and that the parent with whom the children are not living, is spending time with them.

In cases where a couple separates, recommence living together, and separate again, they can begin the calculation of the twelve-month separation phase from the start of the first separation period.

Additional Questions Concerning Filing for Divorce in NSW:

This is is strictly up to the individuals; however, three significant points must be taken into consideration.

With Aaron Legal you get care and personal attention. You get a high degree of expertise and you get a result you can live with.

  • The only reason you are required to get a divorce is for remarrying.
  • Right after separation, you can take action concerning all other matters like spousal maintenance, property settlement, child support, and arrangement for children. There is no need to hold these matters off until you are divorced.
  • Court procedures for spousal maintenance and property settlements must begin within one year of the divorce order becoming final. Beyond this point, you must request special-leave from the Court to follow up with a defence for spousal maintenance and property settlement.

This is where the assistance of Aaron Legal’s Family Law Lawyer is of the utmost importance. If your solicitor is aware of your entire situation from the beginning, you are better equipped to come away with a more equitable settlement.

When is a Divorce Final in NSW?

If the Court discovers that the separation conditions have been fulfilled, they will confer a Divorce Order. However, this does not normally take until one month and one day following the hearing. Marriage is not permitted until the Order takes effect.

Are Shorter Marriages Treated Differently?

In a word, yes. If you have been married for less than twenty-four months, you will be handled differently by the Court. In this situation, you will not be able to apply for divorce until you and your spouse agree to attend a counselling session, unless there are unusual circumstances such as domestic violence. If either of you refuse to partake in a counselling session, there are other means of getting your divorce through. If you have been married for under two years and are considering separation, contact Aaron Legal and we will be glad to set you in the right direction.

Do you need a Lawyer in order to obtain a Divorce in NSW?

The answer is no; however, today there are so many laws, revolving doors, and ins-and-outs of the legal system, recruiting a Family Law Lawyer is the only way to make sure you have not missed anything vital! Undoubtedly, in clear-cut cases where there are no quarrels about finances, children, and property, it is possible to apply for your divorce without the help of a lawyer, but not recommended, most divorces in NSW involve one or more of the above issues.

This is where Aaron Legal’s Family Law Lawyer comes in. It is impossible to be absolutely sure that no stone has been left unturned without proper legal help. With our assistance, you will be able to walk away knowing that everything possible has been done to make sure your divorce is recognized under the law.

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