You can apply for a divorce once you have been separated for 12 months. The period of separation can include a time when you and your partner have lived together under the same roof as long as you can establish that the marriage was at an end during the period that you lived separately under one roof. If you have been married for less than 2 years, you may need to attend relationship counselling to obtain a certificate prior to applying for a divorce.
Once you have applied for a divorce, the Court will allocate a divorce hearing and upon consideration of the Application, the Court will grant the divorce and issue a Divorce Order. You may need to attend the divorce hearing if you have children under the age 18 years. The Divorce Order will come into effect one month and one day after the divorce hearing. You have 12 months from the date that your Divorce Order comes into effect to apply to the Family Law Courts for a property settlement.
Our family lawyers offer a fixed fee to apply for a divorce.
Are you thinking about separating or have you just separated? Request a copy of our Family Law Handbook which provides some initial information that will help you through the first stages of separation.