If you have been separated from the other party to the marriage for 12 months, you can apply for a divorce.
The Application for Divorce can be made by either one party or both parties jointly.
Your divorce application is separate from any other court applications.
As part of your Application for Divorce, you will also have to satisfy the court that appropriate care and living arrangement have been made for any children involved.
A divorce is the legal dissolution of a marriage by the Family Court. In certain circumstances a divorce can be granted where parties are separated, though living under the same roof or where there have been short periods of reconciliation.
In addition to taking legal advice on your divorce, it is critical that you also take legal advice on the effect your divorce will have on the time limit of your family law property settlement as well as a spousal maintenance claim and your Will.
Our Family Law lawyers are able to assist you with and advise you on making or responding to an Application for Divorce as well as advising you on the steps you need to take to protect your interests considering the far-reaching legal consequences of divorce.