The Family Law Act provides one ground for divorce, namely that your marriage has irretrievably broken down.
This ground is established if you and your partner can satisfy the Court that you have lived separately and apart for 12 months.
It is possible for you and your partner to have been separated under one roof during this period. However, in that event and independent person will have to swear an Affidavit to this effect.
Proceedings in relation to spousal maintenance or property settlement must be commenced within 12 months of the date on which a divorce becomes final. If proceedings for spousal maintenance or property settlement have been instituted before the divorce, this does not apply. This time limitation does not start to run until the divorce is final.
If you would like to finalise your divorce, please call Julie at Shedden & Associates today on (02) 9891 0055 or 0411 667 699 to arrange a conference to provide these instructions. |