Helpful Tips To Get You Through Your Divorce

Dealing with divorce proves difficult for many reasons. We understand that one has to deal with emotions, finances, rejection and loss during this time and have prepared helpful information to assist you on your journey to a new beginning.

1. Is it easy to get a divorce?

The answer to this really depends on your circumstances. Whilst the divorce process is relatively simple compared to other Court processes, the ease of getting a divorce will really depend on whether you have ticked all the boxes. Our Divorce Checklist has been designed to assist you with this.

2. How long do I need to be separated?

The Court will grant a Divorce if, and only if, it is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately prior to the date of filing for the Application for Divorce.

You and your spouse can live together as husband and wife for one period of up to 3 months after separation. If your reconciliation is greater than 3 months then the 12 month period will start again.

3. Will the Court care that we are still living in the same house?

It is not uncommon for parties or a party to communicate their desire to separate and not have the financial means to move out of the matrimonial home.

In this situation, the Court will require evidence that you both have in fact separated. This can be achieved by filing an Affidavit together with your Application for Divorce. Be aware that filing requirements are different for joint and sole applications. Make sure you know exactly what you are required to file before making the application.

There is no single indicia of separation, however it is helpful to keep in mind that the Court ultimately wants to be satisfied that you and your spouse no longer share a married life.

There is no doubt that each marriage is different, however begin by asking yourself the following questions;

• Have you stopped undertaking household duties for each other?
• Have you told anyone about your separation?
• Do you sleep in separate beds?

If your answers to the above questions are all ‘yes’, then you are on the right track to proving separation.

4. Can we still get divorced if we have been married for less than 2 years?

If you and your spouse have been married for less than 2 years, then prior to applying for a divorce you will be required to:

• Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse; or
• If you do not attend counselling, seek permission from the Court to apply for a divorce.

5. What about property and parenting arrangements?

In our experience, one of the main misconceptions about divorce proceedings is that they involve the determination of parenting and property issues.

In actual fact, the granting of a divorce does not determine issues of financial support, property distribution or arrangements for children. It merely recognises that the marriage has ended.

That is not to say that the Court is not concerned with parenting arrangements. In fact, the Court will not make a Divorce Order unless it is satisfied that proper arrangements, in all the circumstances, have been made for the care, welfare and development of the child/ren of the marriage or circumstances exist whereby a Divorce Order should be made notwithstanding such arrangements have not been made.

6. What if my spouse does not want a divorce?

It is not a requirement for parties to be in agreement about getting a divorce before a divorce application can be filed. All that is required is that at least one party regards the marriage as over on the date of separation and has communicated this to the other party in some way.

If you are faced with disapproval, then you have the option of filing a sole Application for Divorce. There are a few opportunities for the other party to legally oppose the divorce application for example where there has been less than 12 months separation as alleged in the application or the Court does not have jurisdiction.

7. How can I get assistance?

If you require assistance with your divorce please book a consultation with our experienced Family Law Solicitor.

If you would like more information on Divorce or other family law topics please visit our website.

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Retaining a solicitor is not a decision that should be taken lightly. Who you retain and the way in which they handle your matter may have significant consequences for you.

Changing your lawyer part way through a matter can be stressful, costly and time consuming, so it is important that you retain a lawyer that has the right experience and understands your needs.

You have nothing to lose, only something to gain, by meeting with one of our experienced lawyers.

Book a free consultation today or call (02) 9281 5088.

Our meeting will usually run for approximately 30 minutes and is confidential and obligation free!

We want to get you to the point where you can say, “It’s alright now, I have spoken to a lawyer and they have provided me with options.”

This information is general in nature and is not intended to be relied upon as legal advice. We suggest that you obtain proper legal advice before acting upon anything you read in this article.