Many clients think that they cannot apply for property settlement until they obtain a divorce. This is incorrect: you can apply for property settlement at any time after separation and indeed if you decide to separate under the same roof. The difference with obtaining a divorce first is that once you are divorced you are on a time limit to complete property settlement within 12 months.

Divorce Requirements

The divorce application requires that you have made appropriate arrangements for the children, for example:

• Medical issues,
• For their schooling,
• Parenting arrangements,
• Child support arrangements.

We can provide you with information and advice on these issues and assist you in streamlining the divorce process and making it as pain-free as possible.

The court does not need a reason for the breakdown of your marriage or your reasons for requesting a divorce. It only requires that the marriage has broken down irretrievably and that you have been separated for 12 months.

However, if you have been married for less than two years you will be required to attend counselling and obtain a certificate from the counsellor before applying for a divorce.

To apply for a divorce you will need to obtain the following documents and/or information:

• A marriage certificate to prove you were married,
• Proof that you have been separated for at least 12 months
• No reasonable prospect that you will reunite with your spouse
• You and your spouse are Australian residents or citizens or regard Australia as your permanent home

If you can satisfy all of the above and you make a joint application with your spouse and there are no children under the age of 18 you do not have to attend court to obtain your divorce.

De Facto Relationship

If you have been in a de facto relationship you can seek financial orders for property settlement up to 24 months from the date of your separation. There is separate legislation covering de facto relationships and we can provide you with advice and assistance in that regard.

We can offer further advice on how a divorce may affect the operation of your current Will and other issues such as renting and your legal rights and child support issues.

Speak to us today, your initial consultation is FREE.