Divorce is the legal process to end a marriage. You must be separated for at least twelve months, sometimes even under the one roof, before you can file for a divorce.
The Court must be satisfied that the relationship has broken down irretrievably (they are not concerned as to the reasons for the breakdown of the marriage as it is a “no fault” system).
If you have children under the age of 18 years, the Court must be satisfied in granting a divorce that sufficient arrangements have been made for the care of the children.
You do not need to be divorced in order to finalise a property settlement. However should you choose to divorce prior to finalising your property issues, all property matters must be commenced in the Court within twelve months from the date of divorce or two years after separation.
Filing an Application for Divorce is a reasonably simple process and you may like to undertake this yourself. Application “Do It Yourself” Kits can be obtained by contacting the Court on 1300 352 000 or via their website at www.federalcircuitcourt.gov.au.
Of course Arnold Lawyers is always more than happy to assist you with your divorce matter and provide guidance and representation in respect to any aspects of your matter.