You do not need to obtain a divorce if you and your spouse separate. The main reason some spouses decide to divorce after separation is because one or both parties wish to re-marry. You cannot re-marry until you have obtained a divorce. For some, obtaining a divorce provides a psychological severance of the marriage.
Both parties do not need to consent to the application for divorce, however, it is possible to jointly apply for one. The only requirement you must meet is that you have been separated from your spouse for more than twelve (12) months. If you have been married less than two years the requirements may vary slightly.
Whatever your reason may be for obtaining a divorce, there are some important factors you should consider.
Upon a Divorce Order being granted, time limitations for finalising financial (property settlement) matters commence. If you cannot settle a financial agreement with your ex-spouse outside of court by negotiation or consent, then you have twelve (12) months from the date of the Divorce Order being declared, to institute property settlement proceedings in the Federal Circuit Court or the Family Court.
If you are considering filing for a divorce, this is also a good time to consider other legal matters such as updating your Will or formalising arrangements for your children/s living arrangements.
To decide if a divorce is right for your situation, or if you would like to review your Will or your children/s living arrangements, make an appointment to see Sriyani at Hume Taylor & Co today.
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