Separation & Divorce
A brief summary
You must communicate the separation.
You need to be separated for 12 months before applying for a Divorce.
Marriages less than 2 years must comply with counseling requirements.
If you are still living together, you will need evidence to prove separation.
You can make a joint or sole Application for Divorce.
If you have children under 18yrs, you may need to attend Court.
Once your Divorce is final you have 12 months to apply for property orders adjustment.
Divorce affects your Will.
Things to consider
Some of the things you need to consider when you separate are:
- where your children are going live and who will care for them;
- how each of you will financially support yourselves and your children;
- what, how and when you will tell the children, other family members and friends about your separation;
- who is going to pay any outstanding bills or debts;
- who is going to continue to live in the home;
- how will the rent or the mortgage repayments be paid;
- what will happen to any joint bank, building society or credit union accounts after separation; and
- what is going to happen to the home, car, furniture and other property.
We know facing a divorce can be difficult for everyone involved, which is why our family lawyers handle these situations with patience and compassion.
Did you know that there is a difference between ‘Divorce’ and ‘Property Settlement?’ Divorce is the dissolution of your marriage, whereas property settlement is the division of the assets of your relationship.
Application for Divorce
We can lodge your Application for Divorce and strive to get you the best possible outcome based on the relationship and your current situation. Before seeking a Divorce there are some things you will need to consider. You and your former partner must have lived separately and apart for a period of at least 12 months, with no reasonable likelihood of resuming your relationship. If you and your former partner are separated but remain living under the same roof, you will need to provide to the Court evidence from an independent party to support the separation.
If you have been married for less than 2 years, it is still possible to apply for a divorce, however you will both need to comply with counselling requirements, unless there are circumstances in which this is not appropriate. We strongly recommend you seek legal advice prior to applying for a Divorce.
Your Application for Divorce can be filed either as a sole or joint application. If you are filing alone, you will need to arrange service on your former partner. This can be unpleasant, which is why having a family lawyer can be of assistance.
Implications of Divorce
Once a Divorce is final you must make any necessary applications for property adjustment within 12 months otherwise your application may be statute barred (unless you seek the leave of the Court).
We have thorough knowledge of the Divorce process and are able to assist you in filing your divorce application and advise you on your property and children’s issues.
It is important for you to know that marriage revokes your Will but Divorce may not. It is therefore important to obtain legal advice from the date of separation about any changes to your Will.