A Divorce application is distinct and separate to any other application, for example, a property settlement or a parenting application. Divorce is simply the process of changing the marital status of you and your former Husband or Wife, from married, to divorced.

A Divorce does not impact your entitlements to your children, nor property. However, you should seek legal advice regarding property matters at an early stage following separation as there are important limitation periods that you must be aware of, and the granting of a Divorce has a direct impact on those time limitations.

We can give you advice about applying for a Divorce Order and we can also make the application for you, if you wish.

Misconceptions:

• You do not have to be divorced before you can have a property settlement and nor do you have to get divorced just because you have settled your property division.

Timing:

• You cannot commence a divorce application until you and your former partner have been separated for a period of at least 12 months.

Application:

• You and your former partner can jointly apply for a Divorce Order or you can commence an application on your own. The application is a little more involved if there are children under 18 years of age as the Court needs to be satisfied about the current and future care arrangements for the children.