What do I need to know before applying for divorce?

In all divorce applications, we are required to provide you with the Court’s brochure entitled “Marriage Families and Separation”.

A divorce will also have an impact on the time limits for making an application for property settlement.

If you and your spouse are divorced, you have one year from the date of the divorce to apply to the Court for Orders for property settlement. Another option is to complete an Application for Consent Orders and file the same with the Court, or complete a Binding Financial Agreement (separation agreement). If this does not occur, you will need the Court’s permission to apply and such permission is not always granted.

The granting of a divorce does not decide issues about property, maintenance or parenting arrangements for your children. If you wish to make arrangements for these issues, you can:

1. Make an appointment to obtain advice; or
2. Make an appointment if you and your spouse have reached an agreement so that such an agreement can be filed as a separate application; or
3. Engage a mediator to assist you in reaching an agreement in these matters.