Can I try to sort out other issues while I am waiting for a divorce?
In Australia, you can only apply for a divorce after you have been separated for a period of 12 months. This period satisfies the legal requirement that the relationship has broken down irretrievably.
This does not mean, however, that everything is on hold for 12 months while you wait the ability to make a divorce application. In fact, it is a good idea to use that (minimum) 12-month period to resolve other matters and leaving the divorce as the final piece in the puzzle.
It is important to remember that once you do obtain your divorce, you only have 12 months from the date of your final divorce order to apply to the court for your property settlement, and if you run out of time you will need the ‘leave’ of the court first.
Property settlement matters, parenting arrangements, child support and spousal maintenance can all be negotiated, mediated, arbitrated or (as a last resort) litigate, as the case may be, before a divorce is granted.
It is important to resolve these issues so that you can both move on financially, so that your children have routine and stability, and to ensure that you are both able to move on without the ongoing stress of possible litigation.
Our experienced solicitors can discuss all aspects of separation and divorce with you, and can give you the information and advice you need to be able to face this stressful period, and to work with you to resolve matters as quickly as possible.
Often, simply being informed about the steps to come and the process gives people comfort as they face the unknown and difficult period after separation.
Contact our office on (07) 3221 4300 or fill in our online form here to arrange a no obligation, fixed fee appointment with one of our experienced family law solicitors.