The law considers that a married couple have separated when one partner has communicated to the other that the relationship has ended or when both partners communicate this at the same time.
Often separation involves one partner leaving the family home, but sometimes partners can be separated and still be living under the one roof.
Divorce is the formal end of a marriage. It is separate to dealing with the division of property or working out arrangements for children. Divorce can occur before or after a property settlement.
To apply for a divorce, you must be separated for at least 12 months . Once this time has passed you can lodge an application with the Court.
You can apply for a divorce in Australia if either you or your spouse can answer yes to one of the following:
- Are an Australia citizen by birth, descent or grant of Australian citizenship; or
- Regard Australia as home and intend to live in Australia indefinitely; or
- Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
If you have children, the Court needs to be sure that proper arrangements for their care are worked out before a divorce is granted.
Depending on your circumstances, you may be required to attend court for the divorce hearing. If this is necessary, we can help you with this process and appear in court for you.
How can we help you?
We regularly help clients in relation to their divorce from providing formal notification confirming the irretrievable breakdown in the relationship through to applying to the Court for divorce.