An Application for Divorce is different to parenting arrangements and financial settlements.
Divorce is the formal ending of a marriage. You do not have to apply for a Divorce after separating from a spouse and there is no deadline before which you must make the Application. However, should you wish to remarry in the future, you must obtain a Divorce before doing so.
An Application for Divorce can be made solely by one spouse or jointly by both spouses.
To make an Application for Divorce, you and your ex-partner must:
- have been married;
- have been separated for 12 months;
- have no intention to reconcile; and
- if there are children of the marriage under 18 years of age, have proper arrangements in place for the care of those children.
If you would like assistance in applying for a divorce, you can speak to one of our experienced family lawyers.