The Court is able to grant a divorce if there has been an irretrievable breakdown
of marriage. This is established by a couple living apart for at least twelve months.
A couple can be living apart but still under the one roof. A person cannot apply
for divorce until the parties have been separated for twelve months.
Divorce proceedings are conducted entirely separately from other proceedings between
the husband and wife and there is no obligation on a party to commence divorce proceedings
before taking action in relation to any other aspect of the marriage breakdown.
However you need to apply for a divorce if you wish to re-marry.
It is important to be aware that proceedings for property settlement and spousal
maintenance must be commenced within one year of the divorce. Applications can only
be made after this period with the approval of the Court, and this is difficult
to obtain.
WHERE TO NOW?
If you would like to speak with an expert to discuss your family law issue, please
call us on (07) 3007 9898 or send us an email at
enquiry@murdochs.com.au