Is it time to take the final step in your separation?
Have you been separated for 12 months or more? It might be time to take the final step in your separation by applying for a divorce. A divorce ends your responsibilities and duties in the marriage, allowing you both to move forward into your new lives.
What you need to know about divorce
If you have been separated for 12 months, and there is no chance you will get back together, then you can apply for a divorce. Being separated doesn’t have to mean living under separate roofs. As long as you have proof that you are living as individuals, then you can apply for a divorce even if you are sharing a house.
You can apply for a divorce at any time you like (after 12 months of separation), but it pays to get onto it quickly because waiting years can mean a big difference to your property settlement - good for one, not so good for the other.
If you have children, you will need to ensure that arrangements have been made for them before the divorce will be granted. This includes:
- financial support
It is faster to apply for a divorce if your ex-partner also agrees to it, but you can apply for one by yourself if you need to.
How do I apply for a divorce?
The good news is you don’t have to establish fault to get a divorce. As long as the relationship has irretrievably broken down (there is no chance of getting back together), then you can apply either jointly or by yourself.
We will prepare your divorce papers, and assist you to resolve any property settlement and parenting issues, if required. Once you are happy with your application, we can have the divorce papers served on your ex-spouse for you. If you do not attend to doing a property settlement at that time, you will need to be aware that you have 12 months to do so following the granting of a divorce.
Your hearing will usually take place about six to eight weeks after your application is filed with the Courts. If the Courts are satisfied with your application, you will be granted a provisional divorce, which will become final one month and one day later.