In order to apply for a divorce, you must meet a number of eligibility requirements. The first requirement is that there must be an irretrievable break down of marriage evidenced by 12 months’ separation before you can make an application to the Family Courts for a Divorce.
Sometimes clients find themselves in situations where they continued to live with their ex even though they had separated. This might only be for a short time while alternative living arrangements are being made or for an extended period such as occurs when money is tight.
If you continued to live with your ex after separation, this does not automatically mean that you are ineligible for divorce. However, you will be required to provide more information to the Court when you complete your Divorce Application to establish that you have been separated for 12 months. The Court will require information from you regarding matters such as sleeping arrangements, household duties, shared activities and finances. The Court also requires information about your living arrangements from an independent person such as a friend or family member.
Caroline Counsel Family Lawyers can provide you with specific advice about your situation and can assist with preparation of Court documents such as Affidavits to ensure that you can successfully apply for a Divorce. We can also offer you a fixed fee quote in relation to your Divorce.
If you need help with applying for a Divorce or you wish to discuss your matter generally, you should contact our office to make an appointment on 9320 3900 or email [email protected].
The information in this blog does not constitute legal advice and cannot be relied upon by you. If you require advice specific to your situation you must contact Caroline Counsel Family Lawyers for legal advice. The contents of this blog are relevant as at 27 September 2017. We recommend you obtain specific advice relevant to you and your family’s situation.
By Caroline Counsel and Michelle Petrovski
