What is The Process of Getting a Divorce?
When it comes to the difficult question of divorce, most people don’t know where to start or how the process works. Here we take a look at the divorce process and some of the issues you need to consider.
When to divorce?This is a personal decision, driven by your own requirements and situation. The only condition is that you must have been separated for at least 12 months. If you’ve been married for under two years, you’ll also need to show the court that you’ve considered reconciliation and undertaken counselling. It’s vital to understand that the settlement of any property of the marriage is separate to the divorce process. Note that time limits apply - if you apply for a divorce immediately after the 12 months separation, you must deal with the property settlement within one year of the divorce. If you don’t, you’ll no longer be able to bring proceedings against the other party to deal with the property of the marriage without obtaining leave of the Family Court, which may not be granted
The Divorce ProcessThe divorce process consists of two steps – the application and the hearing:
The Divorce Application
The Divorce Hearing