Divorce Process in NSW: Understanding the Steps

Divorce process in NSW marks a significant life transition, both emotionally and legally. For NSW residents, understanding how the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (FCFCOA) operate can make this journey clearer and less overwhelming. The family law system aims to ensure that separation and divorce are handled fairly, with respect for both parties and a strong focus on the best interests of any children involved.

 

Family Law Act 1975 (Cth) Briefly Explained

The Family Law Act 1975 (Cth) serves as Australia’s primary legislation governing marriage, divorce, and family-related matters, including those in New South Wales. It established the principle of no-fault divorce. This means couples are not required to prove who was at fault. Instead, they have to prove that they have been separated for at least 12 months and one day, and the relationship has broken down irretrievably.

Moreover, the Act also emphasises the best interests of children and provides clear guidelines for resolving parenting, property, and financial matters. It also promotes mediation and dispute resolution before court proceedings. For such matters the Federal Circuit and Family Court of Australia (FCFCOA) oversees the process to ensure fairness and stability for all parties involved.

2025 Changes in Family Law

Effective 10 June 2025, major divorce law reforms took effect in New South Wales under the Family Law Amendment Act 2024. The changes aim to make divorce simpler, faster, and fairer:

  • No mandatory court attendance: Divorce applicants no longer need to attend court unless the court specifically requests it. This applies to both joint and sole applications, even if there are children under 18, making the process quicker and less stressful.
  • Counselling certificate removed: Couples married for less than two years no longer need a counselling certificate before applying for divorce.
  • Stronger protection against family and financial abuse: The law now recognises economic abuse as a form of family violence. Courts must consider how abuse or financial control affected a person’s ability to earn or contribute, leading to fairer financial outcomes.
  • Full financial disclosure required: Parties are now legally required to fully disclose all financial details, including income, assets, and debts. Failing to do so may result in penalties.
  • Clearer property settlement rules: Courts now factor in the economic effects of family violence and asset wastage. Thus, ensuring property settlements reflect each party’s situation and contributions more accurately. 
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Divorce Process in NSW Steps

Navigating the divorce process in NSW can be a challenging experience. To help you navigate it with confidence, here are the key steps in the NSW divorce process to keep in mind:

Step 1: Check Eligibility and Separation Requirements

To apply for a divorce in NSW, certain eligibility requirements must be met:

  • Residency or citizenship: At least one spouse must be an Australian citizen (by birth, descent, or grant), regard Australia as their permanent home, or have lived in Australia for at least 12 months before applying.
  • Separation: You must have been separated for a continuous period of 12 months and one day with no reasonable chance of reconciling.
  • Separated but living together: It is possible to be “separated under one roof”, living in the same home but leading separate lives. The court may require evidence such as separate finances or independent social arrangements to confirm this.

It is important to remember that separation and divorce are legally distinct steps. Only once a divorce order is made does the marriage legally end.

Step 2: Preparing and Filing Your Application

Once eligibility is confirmed, the applicant may prepare their divorce application. In New South Wales, most applications are now completed online through the Commonwealth Courts Portal. Key documents usually include:

  • A certified marriage certificate (translated if not in English).
  • Proof of citizenship or residency, if required.
  • An Affidavit for eFiling (Divorce) signed before an authorised witness.
  • If children are involved, details of parenting arrangements, including living, schooling, and communication plans.

Applicants may file either jointly (together with their spouse) or solely (individually). A joint application simplifies the process, as there is no need to serve documents. For a sole application, the applicant must formally serve their spouse with the paperwork to provide notice of the proceedings. The court also imposes a filing fee for divorce applications. However, fee reductions are available for concession card holders or those experiencing financial hardship.

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Step 3: Service and Court Hearing

If the applicant files a sole application, they must serve their spouse with the required documents. Service must occur at least 28 days before the hearing if the spouse resides in Australia, or 42 days if the spouse is overseas. If the spouse cannot be located, the applicant may request the court’s permission for substituted service (such as via email or social media) or dispensation of service if it is impossible to reach them.

Attendance at court depends on the following circumstances:

  • For joint applications with no children under 18, attendance is generally not required.
  • For sole applications or where children are involved, attendance is usually required so the court can confirm that suitable arrangements have been made for their care and welfare.

Once the court is satisfied that all legal requirements have been met, it grants a Divorce Order, which becomes final one month and one day after the hearing. From that date, the marriage is legally dissolved, and both parties are free to remarry.

Step 4: Keep in Mind Property, Financial, and Parenting Matters

It is important to note that obtaining a divorce does not automatically resolve property, financial, or parenting matters. These issues are managed separately under family law. After a divorce becomes final, the parties have 12 months to apply to the court for property or financial settlements. If this timeframe is missed, the court’s permission is required to proceed, which is not guaranteed.

For couples with children under 18, the court must be satisfied that appropriate arrangements are in place before granting the divorce. This includes living arrangements, education, and parental contact. Many families choose to resolve these matters through consent orders or family dispute resolution rather than proceeding to trial.

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Navigate the Divorce Process in NSW with VC Lawyers

Divorce is a complex legal and personal process that requires more than just paperwork. It demands careful consideration, strategic planning, and sound legal guidance. The decisions you make now can have lasting implications for your financial security, your family, and your future.

At VC Lawyers, our dedicated family law team provides clear, practical, and compassionate advice to help you navigate every stage of the divorce process in NSW. We take the time to understand your individual circumstances, outline your legal options, and protect your interests with professionalism and discretion.

Whether your situation involves parenting arrangements, property settlements, or financial concerns, our team ensures that each matter is handled with precision and care. Our focus is on achieving fair, efficient, and sustainable outcomes; allowing you to move forward with confidence and peace of mind.

Move forward with clarity and make informed decisions with VC Lawyers. Reach out today!

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