Legal Aid Nsw Divorce Fact Sheets

Before you begin: Can I file for divorce in Australia? Most people have to file for divorce online at www. comcourts.gov.au. For detailed instructions, see Fact Sheet 4: Filing for Divorce Online. If you don`t want a divorce granted, you must file documents with the court and appear at the divorce hearing to explain why you want to reject the application. Get legal advice. A transcript of this podcast can be found here. Amica is an easy, affordable and quick way for couples to agree on parenting, property, and money issues when they separate. Learn more about this new online tool. Where to find amica www.amica.gov.au amica Australia on Facebook amica Australia on YouTube amica on ABC PM Program amica on JJJ Hack amica on Sunrise amica_Australia featured on Instagram Additional Resources Domestic Violence Act Help Website – familyviolencelaw.gov.au/ LawAccess NSW for free legal information and referrals – lawaccess.nsw.gov.au or by phone 1300 888 529 Legal Aid NSW Family Law Early Intervention Unit (EIU) Nationwide Family and Care Law Service – Telephone 1800 551 589 for an appointment. NSW Online Guided Pathways – legalhelp.lawaccess.nsw.gov.au/ More episodes on online technology Episode 1 – Does technology have a place in legal services? Let`s Check Out Episode 2 – FineFixer NSW Edited by Tiffany Dimmack of Audiocraft If you want to get a divorce but you disagree with the facts of the divorce petition (for example, birth dates or children`s details are incorrect), you need to submit documents to the court and attend the divorce hearing to explain this.

Get legal advice. The forms you need to submit your divorce documents can be found in the Divorce Services Kit, available from your nearest family law firm, on the www.federalcircuitcourt.gov.au court website or by calling 1300-352-000. Yes. If your spouse has a lawyer, call or write to the lawyer first to check if they have any instructions from your spouse to accept delivery of your divorce documents on your spouse`s behalf. Divorce Services Kit (Do-It-Yourself) – Here you will find step-by-step instructions on how to deliver your divorce application by mail or by hand, as well as information on how to complete divorce service forms. The rules of the service are strict. In special circumstances, the court may authorize a divorce without the usual service requirements. If the lawyer says “no” or doesn`t answer, you are not allowed to send your divorce documents to the lawyer. You need to find another way to serve your spouse.

To file for divorce in the Federal Circuit and Australian Family Court, you or your ex-partner must: We can provide legal advice on divorce applications. Yes. The court will not serve your spouse for you. You must arrange for sealed divorce documents to be served on your spouse, unless the court grants you special permission (called a service order). The server must sign an affidavit to prove that it served on your spouse within 28 days of the divorce hearing if your spouse is in Australia, or 42 days before the divorce hearing if they are overseas. The server must have signed and attested to the completed affidavit of a justice of the peace or lawyer. If you are not sure if your marriage is legal, you can apply for nullity (annulment) instead of divorce and declare the marriage legally invalid. Get legal advice before you apply. If you are filing a paper petition for divorce, send or bring the documents to the court office hearing your divorce. If you receive a substitute order, you may not be required to attend the divorce hearing. If you file a single application, you must “serve” the application on the other person – this means that you give the other person the divorce documents so that they are aware of the legal process.

You will need to fill out certain forms that prove that the other person has been “delivered”. You can`t serve your former partner personally, but you can do it by mail. In this episode, we speak with Sifa Mtango, Senior Counsel with Your Story`s Disability Legal Support Service, about how they help people with disabilities, their families, caregivers and support staff tell their stories at the Royal Commission on Disability. Get legal advice. There may be other situations where you need to provide additional documents. If you are unsure of what information to provide, seek legal advice. Separation and divorce from your ex-partner does not affect your will. If you haven`t updated your will, your ex-partner can inherit any property you left them. If you file for divorce alone (single petition for divorce) If you file for divorce, your partner does not have to agree and the law does not decide who is “to blame” for the breakdown of the marriage.

Fact Sheet 4: Filing for divorce online This episode was recorded on August 12, 2021. The information was current at the time in accordance with public health orders to deal with the COVID-19 situation in New South Wales. At the time of publication, this is a reasonable excuse to leave your home if you need to maintain existing agreements for access and contact between parents and children. You can keep up to date with the changing rules to find reasonable excuses by using these links: Restrictions for Greater Sydney | New South Wales Government Regional and Rural Restrictions | Government of New South Wales We speak to Joshua Mestroni, a family lawyer at the South West Sydney Legal Centre. Joshua answers questions about managing shared parenting arrangements during the current COVID-19 public health restrictions, particularly in Greater Sydney. The following links refer to the organizations and resources mentioned during the conversation. Free Legal Aid from the South West Sydney Legal Centre Visit our website for all contact details – www.swslc.org.au online referral form for community workers only – www.swslc.org.au/online-referral/ email address – info@swslc.org.au For free legal aid and referrals to family lawyers in other parts of Sydney and across New South Wales, call the New South Wales Legal Aid Family Law Early Intervention Unit on 1800 551 589 Federal Circuit Court COVID 19 National List – The Family Court of Australia and the Federal Circuit Court of Australia have each established a list of courts dealing exclusively with urgent family law disputes that have arisen as a direct result of the COVID-19 pandemic. Go to www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/about/covid/covid-list/national-covid-list NSW Legal Aid COVID-19 Legal Notice for Families, Relationships and Children – www.legalaid.nsw.gov.au/get-legal-help/covid-19 NSW Health COVID-19 Factsheets – www.health.nsw.gov.au/Infectious/covid-19/Pages/isolation-guidelines.aspx NSW Health Aboriginal Health COVID-19 Resources – www.health.nsw.gov.au/Infectious/covid-19/Pages/aboriginal-resources.aspx Take Care of Yourself – Family Relationships Online – www.familyrelationships.gov.au/covid-19 To stay up to date, subscribe to the Legal Aid NSW Law for Community Workers Alert newsletter. Edited by Tiffany Dimmack of Audiocraft The divorce decree usually becomes final 1 month and 1 day after its decision, unless there is a good reason why the court should not grant the divorce during this period. The date on which the divorce decree becomes final is the actual date of the divorce. For more information, see Handout 2: Service of your divorce certificates.

Provides free legal information, advice and telephone referrals to other services, including the nearest NSW Legal Aid Office, municipal legal centres, private lawyers and other organisations that can help you. If your spouse is in Australia, documents must be served at least 28 days before the divorce date. A copy of the divorce decree will be sent to you. You should keep it in a safe place as it is your proof of divorce. You will not be able to remarry until your divorce decree is final. If you are planning to remarry, be careful not to put your wedding date too close to the date on which your divorce decree should be finalized.