After you have been separated for at least one year, you can apply for a divorce. Divorce is the court’s recognition that a marriage no longer exists.
We are often asked what separation actually means. For you to be separated all of the following must have occurred:-
- One or both of you must have decided that the marriage is over.
- This decision must be communicated to your partner.
- One or both of you must then act on that decision either by living apart from one another or, if you remain in the same home, by taking other steps so that it is clear the relationship is over.
A common misconception is that divorce and property settlement are the same thing, however this is not the case. Divorce ends your marriage so that you are no longer husband and wife. Property settlement only deals with dividing your assets and liabilities. You can have a property settlement without asking for a divorce.
The first step in becoming divorced requires either the husband or the wife to file a divorce application in the Federal Magistrates Court. Before granting a divorce, the court must be satisfied of the following:
- That you have lived separately and apart for at least 12 months prior to the filing of the divorce application.
- That there is no reasonable likelihood of you resuming married life.
- If there are children under 18, that there are proper arrangements in place for their care.
- If you have been married less than two years, that you have attempted reconciliation counselling.
These issues are considered at a court hearing. In certain circumstances you can ask the court to grant your divorce without you or your spouse attending this hearing.
You will not be able to remarry until your divorce becomes final. This is usually a month and one day after the divorce hearing.
Although it is one year before you can apply for a divorce, you can address property settlement and arrangements for your children immediately.
If you would like to make an appointment to discuss divorce, or any other matter, please call us on (07) 5531 4444 or click here.
|
