If you and your Husband or Wife have been separated for more than 12 months, then you can apply for a divorce in Australia to end the marriage.
If for any period of the 12 months of separation you and your former partner were living together separated under the one roof, then you will need to file an affidavit explaining the circumstances to the Court and confirming that you and your former partner were separated at the time by providing evidence such as – not eating meals together, not socialising together, telling other people and family members about the separation and so forth.
If there are children under the age of 18 and the matter is not a Joint Application for a Divorce (i.e. with both parties making such Application), then a personal appearance at the Divorce Hearing will be required. If there are no children under the age of 18, then no appearance at the Divorce Hearing will be required.
If the Court is satisfied that the parties have been separated for 12 months, they will grant the Divorce Order. The physical Divorce Order will then issue in one month and one days’ time and this is when the Divorce becomes legal.
Remember, you can settle financial and children’s matter from the day of separation. You do not need to wait until you apply for a divorce in Australia. Learn more about Considering Separation
To obtain a Divorce and legally end your marriage, contact the team at James Noble Law to Make an Appointment today.
