BE CONFIDENT & COMFORTABLE WITH THE PROCESS
The ending of a marriage or de facto relationship is an emotional and stressful time. The compassion and integrity of our team at Waters Lawyers, coupled with our extensive experience in family law, will leave you comfortable and confident throughout the process of getting a divorce.
To legally end your marriage, a court order is required. The divorce application itself is a simple document. It is the repercussions of this document has on other aspects of your life that people can fail to consider.
To apply for a divorce, you must have been separated from your spouse for a period of twelve months. During this time, you can still be living together however you will be required to provide additional evidence to the Court to prove your separation.
Once the application is filed, anyone other than you must personally hand your spouse the court documents 28 days before the divorce hearing. If they refuse to accept the documentation, they can be placed on the ground in their presence. When the divorce application is approved, the Court will order the termination of your marriage to be effective after a further one month and one day.
If you and your spouse have children under the age of 18, a short hearing will be held whereby a court officer will check there is a proper arrangement in place to care for the children.
Filing for divorce is only one part of the process when ending your marriage. There are other things to consider, including:
• Property settlement and asset division
• Updating your will
• Child custody matters