Divorce & Separation

Divorce & Separation

The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. This is established by a couple living apart for at least twelve months. A couple can be living apart but still under the one roof. A person cannot apply for divorce until the parties have been separated for twelve months.

Divorce proceedings are conducted entirely separate from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However, you need to apply for a divorce if you wish to re-marry.

It is important to be aware that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to obtain.

Contact Information

Direct Line: 07 3164 1116
Email Address: dianna@murdochs.com.au