We see people in varying stages of their life including those in relationships but considering separation, to those that have recently separated to those that have been separated for years.

Separation and divorce can affect people differently and we understand that it is not simply a legal event. We can advise you on the legal issues or we can provide you with mediation or relationship consultancy.  We can also provide you with other referrals if necessary.

What if we get back together?

If you want to give it another go, even if your matter is already in court, the court can adjourn the proceedings to give you the opportunity to consider a reconciliation.  We can provide you with information regarding family counselling and family dispute resolution services.

When can I apply for a divorce?

There are certain other requirements, however you must have been separated for at least 12 months before you can apply for a divorce.

You can get back together for up to three months without starting the 12 month separation period again.

Living under the same roof, but separated

You can live separately under the same roof.  We recommend that you obtain obtain legal advice should you wish to pursue this course in order to protect your rights.

What if we haven’t been married for long?

Short marries are treated differently.  If you have been married for less than two years you can only obtain a divorce if you and your spouse go to a counselling session, or if there are special circumstances.  You should obtain legal advice if this applies to you.

What if I don’t want a divorce?

You do not have to apply divorce unless you plan on remarrying.  However, staying married affects your rights and obligations in relation to financial matters, Wills and estates. You should obtain legal advice.  If your spouse applies for your a divorce, you can also engage us for legal advice and guidance on how to respond to a divorce application.

Need an urgent divorce?

You cannot remarry until the divorce order becomes final. You cannot go ahead with a wedding until your divorce is sorted, so be careful not to set your wedding date close to your expected divorce date.

In exceptional cases the court can order a shorter waiting periods.  If you have already set a wedding date and forgot to organise a divorce in time, you should seek immediate legal advice

If you would like to discuss this or another matter, please email us Claire Naidu & Co.