Divorce is separate from property issues. Property issues can be dealt with immediately after separation. To apply for a divorce you must have been separated for 12 months. You are legally separated when one person in the relationship determines that they are separated. There does not need to be a document to prove separation.
The grounds for divorce is the irretrievable breakdown of marriage evidenced by 12 months separation. Such separation can be under the same roof. You can also reconcile for up to 3 months and still apply for a divorce after you have been separated for a total of 12 months.
Once a divorce order is made, it comes into effect 1 month later. In certain circumstances, the period between the divorce order being made and coming into effect can be reduced. It is possible to make an application for divorce jointly or separately. If there are children under the age of 18, the Court will need to be satisfied that suitable arrangements have been made for them.
Should you wish to make an appointment to discuss divorce, please
contact Trent Waller on (07) 3236 2900 or
twaller@crhlaw.com.au.
