An Application for Divorce can only be made after a Husband and Wife have been separated for 12 months.

Only one person is required to apply for a divorce but it’s possible for a joint application to be made and certainly that involves fewer formal matters such as serving a copy of the application on the other side if only one person applies.

Separation can take very many different forms but to make out the ground to get a divorce one spouse needs to have intended to finally separate from the other.

Separation can take place under the one roof for example where someone moves into another bedroom and spouses start to lead separate lives. If there is separation under the one roof then an additional Affidavit by a witness needs to be filed by someone like a neighbour or a family member, which confirms the separation.

If there are children under the age of 18 an appearance is needed at Court by the applicant to satisfy the Court proper arrangements have been made for the children but that’s not generally necessary if it’s a joint application.

It takes about 3 months from the filing of the application for it to be listed at court and for the divorce order to be made and for the certificate to issue.

If you require assistance with this area of the law, contact Hall Payne family lawyers Brisbane.