Divorce is the formal ending of marriage. It’s distinct from separation, which refers to the breakdown of a marriage. Divorce is also distinct from property settlement and children’s issues. If you need a court to make orders about either property or your children’s living arrangements, you need to make a separate application to the Family Law Courts.
To obtain a divorce, you must have been separated from your former partner for at least 12 months. It is possible to be separated but remain living in the same home as your former partner. Additionally, there cannot be a likelihood of you and your former partner reconciling. If you have been married for less than two years, you must undergo marriage counselling before you can proceed.
If you have children, divorce lawyers must satisfy the court that proper arrangements for them have been made, including their care and school arrangements.
Once a court has heard your divorce application and granted your divorce, the divorce is finalised one month and one day later. Once you are divorced, you have 12 months to apply to the Family Law Courts for a property settlement. You can apply for a property settlement after this time only in special circumstances and with leave of the court.