by | Mar 3, 2017 | Family Law

If your relationship has broken down, you might be left with a lot of unanswered questions. The first thing we recommend is to contact an experienced family law solicitor. Aaron Suthers is an Accredited Family Law specialist and has the experience to assist you during this difficult time.

When can I get a divorce?

If you have been married for at least 2 years you must be separated for 12 months and 1 day.

If you have been married less than 2 years you need to either:

  • Attend counselling with your spouse to see whether reconciliation is possible; or
  • Seek permission from the Court to apply for a divorce without attending counselling.

You will still need to be separated for 12 months and 1 day.

Do I have to move out of the property to get a divorce?

No. Parties can be separated but living under the same roof. Evidence is often required to prove to the Court that despite living under the same roof, you have separated and the marriage has broken down irretrievably.

When can we start talking about separating assets?

Unlike the time constraints on applying for a divorce, parties can negotiate a property settlement at any time following separation, but, for married couples, an agreement or application must be filed in the Court, within 12 months of divorce. Defacto spouses have two years from their separation, but as opinions can vary about when separation occurs, they should seek early advice on this issue.

If you have had a breakdown in your relationship, we recommend you contact our office to make an appointment. We offer a reduced fee initial appointment. You can find more information on the services we offer here.

Disclaimer: Cheney Suthers Lawyers website does not provide legal advice. All information is of general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. Cheney Suthers Lawyers accepts no responsibility for the loss or damage caused to any person action on or refraining from actions as a result of any information contained on this website. Liability limited by a scheme approved under Professional Standards Legislation. All material on this Website is subject to Copyright.

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