Separation is a painful process. It is often associated with sadness, shock, anger, bitterness, jealousy, and other feelings of grief.
A legal separation usually requires one or both partners informing the other of their decision to end the relationship, and real changes being made to the living arrangements which show that the relationship has ended.
We can guide you through the separation process and help you to retain your dignity and independence.
Divorce
Divorce is the termination of the legal relationship of marriage.
An Application for Divorce can be made to the Court either jointly by both spouses or solely by one of them.
For the Court to make a Divorce Order, it must be satisfied that the parties have been separated for at least 12 months and that satisfactory arrangements are in place for the care of any children of the marriage.
A Divorce Order will usually become final 30 days after the order is made.
Complications that can arise in divorce proceedings include:
- Spouses being separated while still living together
- Parties having married overseas
- Difficulties serving an Application for Divorce
- Disputes about the date of separation
- Whether the parties were legally married.
Divorce proceedings are entirely separate to any Court proceedings about Property Settlement or Spousal maintenance. However, any application for financial orders must generally be made within 12 months of a Divorce Order becoming final. For de facto couples, any application for financial orders must be filed within 2 years of the date of separation.
