No doubt at one point in your life you have heard someone say, “Jack and Jill are getting a divorce”.
In most cases, Jack and Jill aren’t really getting a divorce, they are simply separating. In fact, many separated couples choose not to get divorced at all.
In simple terms, a divorce is the termination of a marriage. A divorce is entirely separate to a property settlement. As you would expect, a property settlement is dealing with your financial affairs. A divorce is also entirely separate to any parenting issues that may arise.
Below are some general details about filing for divorce.
When can I file for Divorce?
The main requirements for filing an Application for Divorce are:-
- There has been an irretrievable breakdown of the marriage;
- The parties have been separated for a period of 12 months; and
- There is no reasonable likelihood of reconciliation.
If you have not yet been separated for a period of 12 months, you will need to wait until the 12 month time period lapses before you can file. For a time, you might have continued to live together but are definitely separated and this can be a part of the 12 month period.
Do I file a Joint Application or a Sole Application?
There are two (2) types of Divorce Applications which can be filed with the Court, namely, a Sole Application or a Joint Application.
If you and your former spouse are amicable and you both agree to file for divorce, we would recommend you file a Joint Application. If there are children of the marriage under the age of 18, filing a Joint Application alleviates the need for either party or their solicitor to appear at Court.
Alternatively, if there are children under the age of 18 and you file a Sole Application, you or your solicitor will be required to appear at Court for the hearing.
Filing a Divorce Application is a little more complicated if there are children under the age of 18 as you are required to complete comprehensive details regarding the care arrangements of each of the children. The Court needs to be satisfied that you and your former spouse have made appropriate arrangements for the care of the children before granting the divorce.
If you require assistance filing an Application for Divorce, please contact our Family Law Team.