A Divorce Order officially ends a marriage. After a twelve month period of separation, a Divorce Order may be granted but you will be required to make an Application for Divorce.
Proving your separation
The Application for Divorce requires proof that there has been a period of separation from your spouse of at least twelve months prior to an Application for Divorce being made to the Court. If the twelve month period of separation cannot be proven, the Court will not grant a Divorce Order.
It is important to obtain informed advice to successfully manage the process required to obtain a Divorce Order.
Obtaining a Divorce Order requires one or both parties jointly to apply to the court after a separation period of at least twelve months. You do not need your former husband or wife’s consent to make an Application for Divorce.
It is important to note that the divorce process does not deal with the division of your property or parenting arrangements for your children. However, it does signal the beginning of a further twelve month time limit to finalise your property division if the property division has not already been separately arranged.
While obtaining a Divorce Order is usually a straightforward process, the Court will examine certain factors before granting a Divorce Order. The irretrievable breakdown of a marriage can only be established if a separation period of twelve months has been satisfactorily proven.
The Court will need to be satisfied that there are appropriate arrangements in place for children under the age of eighteen years. If you have children under the age of eighteen, a court appearance will be required to enable a Divorce Order to be granted, except in certain circumstances. If there are no children under the age of eighteen years, a court appearance is not usually required. We are able to provide you with information in relation to the requirement for a court appearance.
We help you understand the process involved in obtaining a Divorce Order.
We offer a no cost 30 minute initial consultation to discuss your situation with an experienced family lawyer. The initial consultation provides an opportunity to gain an informed understanding of your matter and the necessary steps to achieve a resolution.