Divorce
The Family Law Act provides that a divorce may be granted if there is an irretrievable breakdown of the marriage. This ground is established where the husband and wife have lived separately and apart for a period of 12 months. If the husband and wife have been separated but have continued to live under the one roof, they may come within this requirement if they present evidence that their relationship had broken down.
An application for divorce may only be filed after 12 months has elapsed following separation.
Normally a divorce hearing will occur approximately 8 weeks after the application is filed. Within that time, the other party must be served with a sealed copy of the application.
If there are children of the marriage, the applicant must attend at Court for the hearing of the application. The applicant will be required to satisfy the Court that proper arrangements have been made for the welfare of the children. This includes housing, education, contact with the other parent, health and financial support arrangements for the children.
The Court will, if satisfied, grant a divorce Order which will become final one month and one day later. You must not re-marry until the divorce becomes final.
The Family Law Act provides that you have one year after the divorce becomes final in which to file any application for property settlement. After that time, you may need to seek the leave of the Court to proceed.
It is not necessary for you to be divorced if you wish to make an application to Court regarding your children or with respect to financial matters such as property settlement or spousal maintenance.
Upon separation, it is essential that you consider whether or not you should change your Will. Upon separation you may not wish for your former spouse to benefit under your Will and it is important that you obtain legal advice. Furthermore, divorce can have undesired effects with respect to your Will. Remarriage will nullify your Will.
Please contact us regarding your Will and the protection of your assets.