Divorce is a separate and distinct matter from property settlement.
Before you can apply for a Divorce, the parties to the marriage have to be separated for at least 12 months.
In order to be considered as separated three things need to occur:-
- One of you needs to form an intention that the relationship is over;
- That intention need to be communicated to the other party; and
- The separation needs to be put into effect somehow. e. you need to start living separate lives. This can happen even if you are still living under the same roof.
Before granting a divorce the Court must satisfy itself that proper arrangements have been made for any children under the age of 18 years.
Divorce is a straight forward process. So long as you have been separated for 12 months, all you need to do is complete the form, lodge it with the Court and have it served on your spouse. Often we will invite our clients to complete the form and lodge it with the Court themselves to save them costs. If you require assistance with the Divorce process then we can help.