A divorce means you are no longer legally married. You are free to remarry should you choose.
A divorce is separate and distinct from a property settlement and/or matters involving children.
Either you or your spouse (or the two of you jointly) can apply for a divorce once you have lived separately and apart for a period of 12 months.
There is no requirement for you to apply for a divorce when you finalise the property matters.
If you do apply for and are granted a divorce, you are limited to a period of 12 months in which you can apply to the Court to finalise your property matters. Applications outside of this time will require the Court's permission.
We can assist with the completion of the Application for Divorce, serving the Application on your estranged spouse, and attending at the hearing of the Application if required.
Please refer to our Plain English Guide, Divorce.
If you are granted a divorce, we recommend you have regard to your Will. Please refer to our Plain English Guide, Making a Will.
For further details and assistance, please contact the Family Law Department on 6933 6950.