Ferrall & Co.
Frequently Asked Questions
While you need to have been separated from your partner for at least 12 months before making an application for divorce, you can still be living under the same roof for financial reasons. You may regard your marriage as over but continue to live in the same residence.
An application for divorce can be made by you or your spouse, or it can be made jointly. If you are making the application on your own, you will need to satisfy the Court that your spouse has been properly served and is on notice of the application.
If you have children under the age of 18 years, you will be required to attend Court for the hearing of the application. The Court will need to be satisfied that proper arrangements have been put in place for the children. See our page on Parenting agreements and orders.