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