If your situation is straightforward and there are no major conflicts over children or assets then getting a divorce is relatively straightforward.
The Court will not allow a divorce to go ahead unless proper arrangements have been made for all children under the age of 18 years.
A divorce can only go ahead when a marriage has irretrievably broken down.
Before this can happen you must show that you have lived separately for at least 12 months.
When you have lived separately for 12 months you can then make the Court application.
You actually don't need to have lived in separate homes to prove that you have been separated for the required 12 months.
It is enough for you to live separate lives under the same roof.
Parenting responsibilities
The easiest way to share parenting responsibilities after separation is to agree to a parenting plan or parenting orders.
Any agreement needs to be in the 'best interests' of the children.
When the Court looks at this concept they look the need for the children to have a meaningful relationship with both parents and an upbringing that is free from physical and psychological harm.
If you can't reach a mutual decision, you'll need legal advice.
Need legal help ... contact us at G&B Lawyers
M: 0481 287 528
E: info@gandblawyers.com.au
W: www.gandblawyers.com.au
GPO Box 1849, Sydney,
NSW 2001
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