Divorce

The length of the divorce process can vary depending on the complexity of your case and whether there are any disputes. Generally, once the application is filed, it takes about four months to finalise the divorce, assuming there are no complications. Our team will keep you informed throughout the process and work to resolve your matter as efficiently as possible.

Being “separated under the one roof” means that you and your spouse can still live together while being legally separated. To qualify, you must prove to the Court that you live separate lives despite sharing the same residence. This includes showing that you no longer share a bedroom, have separate financial arrangements, and do not perform domestic tasks for each other.

To demonstrate appropriate arrangements for your children, you must provide evidence that their living, educational, and emotional needs are being met. This includes showing that you have made suitable living arrangements, established a routine that works for the children, and ensured their access to education and healthcare. The Court will also consider the nature of the relationship between the children and both parents.

When filing for a divorce, you will need to provide several documents, including a completed divorce application form, your marriage certificate, and any relevant supporting documents that demonstrate you meet the requirements for divorce (such as evidence of separation under one roof, if applicable).

Property settlements involve dividing the assets and liabilities accumulated during the marriage. Our family lawyer team will help you negotiate a fair and equitable settlement, considering factors such as the length of the marriage, contributions made by each party, and future needs. Our aim is to reach an agreement without the need for court intervention.

Yes, you can and should finalise property settlements and parenting arrangements before the divorce is granted. These agreements can be made at any time during the separation period and do not require the divorce to be finalised. Having these arrangements in place can make the divorce process smoother and ensure that all aspects of your separation are legally recognised.

Yes, if you and your spouse both agree to filing an application for divorce, you may wish to file a joint application. A joint application means the application is reviewed, approved and signed by both parties. We can assist with drafting and filing the application to make the divorce process as smooth as possible.

If your former spouse will not agree to a joint application for divorce, you can file a sole application. This means that your former spouse does not need to sign the application like they would in a joint application. Once your sole application is filed with the Court, the application then needs to be served on your former spouse, just to let them know you’ve filed the application. They can then file a response if they disagree with any of the contents of your sole application. We can assist you at every step of the way.

If there is no child of the marriage currently under 18 years of age, neither you nor your former spouse will need to attend the divorce hearing. This applies for both sole and joint applications for divorce.

In joint applications for divorce, you do not need to attend the hearing.

In sole applications, you will only need to attend Court if you have children under 18 years of age.

If you must attend the divorce hearing, this is done by telephone. You simply ‘dial in’ and attend Court via phone. Dates and times for the divorce hearing will be available after your application is filed. We can appear in Court with you if required, and we will assist you throughout the entire process.