Separation and Divorce

The end of a relationship can be difficult and stressful, but seeking expert advice from Chris Rowe quickly can help ensure your interests and rights are protected.

Every separation is different. Some of our clients have remained living together in the same household for months at a time following their separation. Courts have, for some time, recognised that parties can be separated but still live together under the one roof. Talk to Chris Rowe about what is required to satisfy the Court that you have been separated for 12 months. If you have been married for less than two years then additional obligations will apply to you, including the requirement to attend counselling and to obtain a counselling certificate.

It’s important to remember that divorce simply means that you are no longer married. It has no relation to a property settlement dispute, other than by reference to important time limits.

In normal circumstances, you cannot apply for a divorce unless you have been separated for twelve months. Once you are divorced, you have a further twelve months to sort out your property settlement (or at least make an application to protect your interests) – if you miss this time frame your application may be no longer legally enforceable.

To grant a divorce, the Court must be satisfied that:

• there is no reasonable likelihood that the parties will reconcile;
• you and your former spouse have lived separately and apart for at least 12 continuous months; and
• if there are children under the age of 18, proper arrangements have been made for the care of the children.

Choosing the right lawyer to work with you on such a sensitive matter can be difficult. Contact us and speak with Helen at Baker O’Brien Toll to make an appointment for a confidential meeting with Chris Rowe, our Family Law Specialist.  If privacy and confidentiality are of utmost concern, a telephone appointment can be made instead of you coming into the office.

Making your appointment will be your first step in starting to make the legal decisions that can protect you, your family, and your assets.