When Can I Get Divorced?
A party to a marriage can file an application for divorce after they have been separated from their spouse for a period of 12 months. The application can be made either solely by one spouse, or jointly by both spouses.
In some circumstances, parties can be living under one roof and still be deemed to be separated. In these circumstances the court will require some additional evidence from the parties about their separation and if this applies to you please contact us to discuss this in more detail.
If you have been married for less than 2 years from when you file an Application for Divorce you will need to attend counselling with a family counsellor or nominated counsellor and produce a certificate to the Court confirming you have done so, or if you do not attend the counselling you will need to seek permission from the Court to apply for the Divorce.
The Australian Government provides a free service for families going through separation to attend mediation, dispute resolution or counselling. Please visit the Relationship Australia website for more information.
If you, or someone you know would like to seek a Divorce please contact Edwards Family Lawyers to book an initial consultation.