If you want to obtain a divorce, then you must be separated from your partner for at least 12 months before filing for this, unless you’ve been married for less than two years. Following a divorce – which is formally ended with a Certificate of Divorce - division of property must be finalised within 12 months.
Divorce is a separate entity from any other family law matter, such as property, children’s issues, child support or spousal maintenance, which are all dealt with on their own merit. At ORB Lawyers, we can prepare, file and arrange service of your divorce application, as well as attend the court hearing.
Many couples now set guidelines at the beginning of their relationship about what will happen with their property if they separate in the future. The Family Law Act now allows that parties can enter into a Binding Financial Agreement (BFA)
for that purpose, but for this to be binding, each person must have the benefit of independent legal advice.