An Application for Divorce is a separate family law process and can be sought even if parenting and/or property settlement mattes have not been completed.
TIME LIMTS AND NO FAULT
Once a Divorce has been granted, a party only has 12 months from that date to commence property proceedings.
Any property proceedings issued out of time can only proceed with the Court’s leave.
The Family Law Act provides that the only ground for Divorce is 12 months separation.
It is possible for an Application to be made on the basis that some or all of the 12 month period of separation took place whilst the parties continued to live under the “one roof” provided they lived separate lives.
Unless the Court is satisfied that there was in fact a real separation under the one roof, then any Application may be dismissed by the Court.
COUNSELLING REQUIREMENTS – UNDER 2 YEARS
If an Application is made for a Divorce and the marriage has not been in place for more than 2 years, the law requires the parties to take place in a counselling session before the Application can be considered by a Court.