As part of our role handling divorce proceedings on behalf of clients, there are some basic facts about the process that you should be aware of. You can apply for a divorce if you have been separated for at least one year and there is no possibility of a reconciliation.
Under certain conditions, you can be considered as separated, even if you continue to reside in the same house.
A Divorce Order brings a marriage to an end, but it does not result in Orders being made regarding children or the distribution of your property. Before granting a Divorce Order, the Court must be satisfied that adequate arrangements have been made for the care of any children under the age of 18 years.
You do not have to be divorced before requesting Orders from the Court regarding arrangements for your children or financial matters and if the Court does issue such Orders, this does not mean that you are divorced.
If you have been granted a divorce but have not resolved your financial position, you must start an Application in the Family Court in relation to your finances, within 12 months of your divorce being granted.
There is no central or Government Register where you can formally advise that you are separated.