Divorce is the simplest part of separating, and the part people worry about most. It ends the marriage — nothing else. Property and parenting are dealt with separately, and can be sorted before, during or after. The only ground is that the marriage has broken down irretrievably, shown by twelve months of separation. You can be separated while living under one roof, though that needs to be evidenced.
Part of our Family law practice.
The date of separation matters. Where you have separated under one roof, additional evidence is needed.
Sole or joint. A sole application must then be served properly, which is where most delays happen.
Many divorces are granted without attendance. Where there are children under 18, arrangements for them must be set out.
No. Divorce ends the marriage only. Property and parenting are separate — and the divorce starts a twelve-month clock for bringing a property application, which catches people out.
Yes. Separation under one roof is recognised, but it must be evidenced, usually by an affidavit setting out how the household changed.
General information only — for advice about your situation, book a consult or call us.
Speak with a family lawyer across Victoria — book online, or call us.
