How long do we need to be separated?
Australia has a no fault divorce system. What this means is that the behaviour of both parties is not relevant, only that the relationship has irretrievably broken down.
One of the indicators of this is that the parties to the marriage have been separated for at least 12 months.
After separation, we tried to reconcile, but it only worked for a short time. How does this effect the 12 month separation requirement?
You are given one opportunity to reconcile for a period of up to 3 months without nullifying the prior period of separation. If you separate again within 3 months of the attempted reconciliation, the separation period up to the attempted reconciliation as well as after the failed reconciliation will count toward the 12 month total required for the filing of an Application for Divorce.
However, should you attempt reconciliation for a period of more than 3 months and then re-separate, the 12 month period of separation must ‘restart’ after the end of the attempted reconciliation.
We are separated, but I can’t afford to move out. Does this count as separation for the 12 month requirement?
There is no requirement that you live in different residences during the period of separation. However, if you live separately under the same roof, and wish to use this towards your 12 separation period, you and your spouse and a third party (such as friend) will probably each need to file an affidavit with the court verifying that you were in fact separated during that period of time.
The main concern of the court is that the separation was genuine and that whilst you may be living under the same roof, you were not living together as husband and wife.
We have been married for less than 2 years. Can we get divorced?
Assuming that you meet the other criteria such as being separated for a period of 12 months, you may apply for a divorce. However a counselling certificate will need to be filed with the Divorce Application.
We weren’t married in Australia, can be get divorced here?
Even if you were married overseas, you may seek a divorce in Australia if you or your spouse are an Australian citizen, regard Australia as ‘home’, and/or have lived in Australia for at least 12 months prior to applying for a divorce.
How can Prime Lawyers help?
The family law team at Prime Lawyers are experienced in dealing with divorce cases. Whether you are considering filing for divorce or your ex-partner has filed for divorce against you, we can help. There are an array of issues you need to consider. Divorce can be a complex and emotional process. Our family lawyers will make it as simple as possible.
Feel free to contact us on
(02) 9521 2222 to speak with one of our divorce lawyers today. You can also
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