Applying for a Divorce is a completely different process to property settlement. That process is simply a confirmation that you are legally divorced.
You must be separated for 12 months prior to applying for a divorce. If you have been separated for 12 months but continued to live together, we would recommend seeking legal advice about what that this means for you. Generally, completing the Application for Divorce is usually a straightforward process. We would usually recommend that you prepare this application yourself.
The Application for Divorce is a document that can be downloaded from the Family Court website which can be found on our Useful Resources page.
You will need to decide whether you are applying for the divorce as a joint application or as a sole applicant. If completing the Application as a joint application, you both simply need to complete the Application and sign it and file it with the Court. If completing a sole Application, you must complete the Application and file three copies with the Family Court. Once filed, a hearing date will be given and a copy of the documents must be served on your spouse by a process server or a person over the age of 18.
An Acknowledgement of Service form must be signed by the spouse and also filed with the Court.
If you have children under the aged of 18, the Court will require you to also attend the hearing to ensure that there are Care arrangements for children set in place.
If you are yet to finalise your Property Settlement, this must be finalised within 12 months of the divorce otherwise you would need to seek special leave from the Court to finalise your property settlement out of time.
If you require assistance with your Application for Divorce, for the care arrangements for your children or for property settlement, Contact Us today to discuss how our experienced family lawyers can help you.