Wanting a divorce?

A divorce is simply getting “unmarried”. It is different to sorting out your money or arrangements for your children.

Many people think they have to get divorced before sorting out arrangements with respect to their money. This is incorrect, and in fact can be dangerous. In fact, most people sort out their financial split (a “property settlement”) before they get divorced.

The requirements for getting a divorce are:

  • your marriage has irretrievably broken down; and
  • you and your spouse have lived separately and apart for a continuous period of 12 months; and
  • there is no reasonable likelihood that you will live together again.

Sometimes, people’s relationships break-down but they continue living under the one roof. That still counts as a separation – you don’t have to be living in separate properties.

If you want me to help you get a divorce, just give me a call or make an appointment. If you have your marriage certificate, bring it with you.

Usually, I can lodge your application for a divorce on the same day you come to see me. It then takes about six weeks to be finalised.

Almost always, if I represent you in a divorce application, you do not have to go to court, whether you have children or not. I make arrangements to deal with your divorce hearing by telephone to keep your costs down.

After your divorce is granted

Your divorce order is effective one month after the court hearing.

The granting of a divorce order triggers a 12 month timeframe within which to commence proceedings for a property settlement or maintenance order. If you fail to start such a case within 12 months of your divorce being finalised, you may lose your rights forever, although there are provisions in the law in some circumstances for an extension of time to be granted. This time limit is important and I will explain it clearly to you.

A divorce order also affects a previously made Will. If you have not already done so, you should be having me revise your Will as well.

If you need assistance contact me at andreww@andrewwarren.com.au or call one of my offices for a no obligation discussion and for expert legal advice.