Separating from your partner can be an extremely stressful and emotional time, and, if you are married, taking that final step to formalise your relationship breakdown through the divorce process does not need to happen right away. You need not be divorced to reach agreement on other pressing issues, like what living arrangements you put in place for your children, or how you and your former partner’s financial resources are divided.
When you are ready to file for divorce, you need to have been separated for twelve months.
If you and your former partner each agree that you are ready for a divorce, then you can jointly file an application with the court. Should all requirements be met, the court will make the divorce order without the need for you or your former partner to step into a courtroom.
If you wish to press for a divorce solely without agreement from your spouse, you can file an application in the court by yourself, and you will then be required to attend at court for a hearing. You will also need to ensure that your former partner has been formally served with the application – there exist some strict rules that govern this process.
While the process of applying for a divorce can be quite straightforward, and we often encourage our clients to minimise their legal fees by undertaking the process on their own, there can be some complicating factors in each individual case that may require you to receive legal advice and assistance throughout the process.