Generally, you can apply for your divorce, or the annulment of your marriage after a period of 12 months of the date of separation from your spouse. However, in the meantime you can, and we recommend that you attend to resolving property, parenting and child support matters. Our expert lawyers can assist you with the legal process of preparing and lodging your divorce application or simply offer advice on the divorce process.
Duffy and Simon family lawyers have helped countless people achieve their desired outcomes and provide the comfort and peace of mind with 130 years of combined experienced legal guidance. To discuss your requirements, please call 03 5941 1622.
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Frequently Asked Questions
Is there a time limit that applies before I can apply for Divorce?
Yes, before making an application for divorce, you must have been separated from your spouse for 12 months and 1 day. It is not necessary for you and your partner to have been living separately and apart for the entirety of that time. There is an option for the 12-month period of separation to include time that you have been separated but, continued to reside under the same roof, however, careful consideration must be given to this issue before the application is made as additional documents are required.
Is there a time limit that applies before I can marry my new partner?
Yes, you cannot be married again until the divorce is finalised being a period of 30 days from the hearing date of the divorce application. It is important to ensure that any future wedding plans take into account not only the one-month period that applies, but also the time that the application will take to be processed and determined by the court.
There is, if necessary a process to shorten the length of time between the hearing of the divorce and the making of a final order.
Does a Divorce Impact on my rights to a property settlement with my ex-spouse?
Yes, following the issuing of a divorce order, each party has a period of 12 months to finalise a property settlement and to have the terms approved by the court. In some circumstances the period may be extended with the court’s approval.
Can I fight a Divorce Application?
An application for divorce requires the person applying for the order to prove to the court two things: firstly, that the parties have separated and that there is no prospect of a reconciliation; and secondly that the parties have been living separately and apart for at least 12 months.
Whilst it is possible to oppose a divorce application on these grounds, it may only delay the inevitable. However, should you wish to oppose a divorce application, it is important to obtain advice on the legal issues that will arise during the court process and the consequences of filing a document (Response) opposing the application.