Divorce

People often think that divorce covers everything in a separation. This is not the case. Divorce is the legal end to a marriage.

In Australia, we have a no-fault system, which means you do not need to prove that either party is to blame for the separation. The sole ground for divorce is the irretrievable breakdown of the marriage. You only need to show that you have lived separately — either under one roof or apart — for a continuous period of at least 12 months.

A divorce order can affect other matters such as parenting and property issues. It is important to note that once a divorce order becomes final, there is a 12-month limitation period for filing a property settlement or spousal maintenance application with the Court. It is therefore not in your best interests to apply for a divorce until you are either before the Court or have resolved your family law matters by way of sealed consent orders or a signed financial agreement.

If you would like further advice in relation to divorce, please contact us.