Key Takeaways
- Failing to seek early legal advice for a divorce may impact property division, custody, and financial entitlements later in your family law matter.
- Emotional decisions and poor preparation can lead to costly outcomes during divorce.
- Attention to detail can be the difference between your divorce being granted or refused by the Court.
- It is critical to be mindful of the legal time limits when deciding the right time to apply for a divorce.
Why Avoiding Mistakes in Divorce Matters
Divorce is often one of the most stressful and life-altering events a person can face. In New South Wales, navigating the legal system while managing emotional upheaval can make it easy to slip up. Unfortunately, even small mistakes during a divorce can lead to lasting financial, legal, and personal consequences.
This guide outlines the top mistakes to avoid during a divorce in NSW—and how getting the right advice early can help you make informed, confident decisions.
1. Failing to Get Legal Advice Early
Many people delay seeing a lawyer, either due to cost concerns or because they believe the split is amicable. However, even in cooperative separations, getting legal advice early ensures you understand your rights and obligations.
Why it matters:
Getting legal advice early in your separation will ensure that you are made aware of:
- the time requirements for your application being considered by the Court and limitations for commencing other family law proceedings in the event they are required,
- complications that may arise in the divorce due to your specific circumstances (for example, due to contested separation dates, children of the relationship under the age of 18 or living arrangements following the separation), and
- your rights in relation to divorce and the available options for making a divorce application with or without the consent of the other party.
2. Making Emotion-Driven Decisions
Divorce often comes with anger, grief, or resentment, but making decisions based on emotion rather than logic can backfire.
Examples of emotional mistakes:
- Using the legal process to punish or cause distress to the other party
- Wanting to “be free” from the relationship with the other party as soon as possible and not considering how this may cause issues in the future if there is joint finances or children of the relationship
- Deciding to commence the divorce process soon after the separation in the heat of the moment when there are still prospects of reconciliation of the relationship
A better approach:
As previously mentioned, meeting with a lawyer early in your separation will keep you advised of the timelines for a divorce application, so you have time to process the separation and ensure the best possible outcome both in your future divorce, if required, and in any future family law proceedings. Professional support in such a difficult time, both legal and psychological, can help you to manage your emotional stress in a constructive manner.
3. Attention to detail can be the difference between your divorce being granted or refused by the Court
While the application process of divorce is fairly straightforward, people attempting to DIY the divorce process often fall into trouble when answering all of the questions required by the court.
Common areas where self-represented parties fall into error when completing the divorce application include:
- Not proofreading the draft application for typos and errors;
- Not attaching the correct documents to the application;
- Not providing full details in relation to the care arrangements for any children of the relationship or disclosing any Orders made in relation to the family law, child support, family violence or child welfare involving the parties or any children of the relationship.
These errors will often mean that the Court will not accept the Divorce application and may either reject it completely or requisition the incorrect information, unnecessarily prolonging the divorce proceedings.
4. Ignoring Time Limits
After separation, divorce applications must be made within specific timeframes.
Time limits in NSW:
- You are not eligible to apply for a divorce unless you have been separated for at least 12 months.
- Following the 12 months of separation, you can apply for a divorce at any time. However, it is important to note that if you have joint assets or liabilities held with your former spouse, you must file for property settlement or maintenance within 12 months of your divorce becoming final. If you are not yet divorced, your property settlement can happen at any time. The clock will start ticking once your divorce is granted. See our article on Fair & Equitable Property Settlements in NSW for more information.
Failing to act within the time limits may prevent you from filing your divorce without the Court’s permission.
5. Attempting to Navigate the Process Alone
DIY divorces may seem appealing, especially when trying to save money. But family law in NSW is complex, and missteps can lead to long-term consequences.
What can go wrong:
- Failing to meet legal deadlines
- Missing out on financial entitlements later in your family law proceedings
- Incomplete or invalid documentation
A family lawyer ensures your rights are protected and that all legal processes are followed correctly.
Conclusion
Divorce is never easy, but avoiding common mistakes can make the process smoother, faster, and less financially damaging. From understanding your legal entitlements to ensuring the welfare of your children and acting within time limits, being proactive and well-informed is key.
If you’re considering or going through a divorce in NSW, getting tailored legal advice early can make all the difference. A skilled family lawyer can help you avoid pitfalls, protect your interests, and move forward with clarity and confidence.
If you think you are heading down the road to separating, make an appointment today to see one of our expert team so you can receive the right advice and information from an early stage. This way you will be aware of your rights and be prepared for any issues or problems that may arise as you plan for your family’s future well-being.
by Tegan Holroyd
