Do I have to wait 12 months before applying for a divorce?
You do not need to wait until you are divorced to settle your financial and property matters or make care arrangements for your children. We recommend settling these matters first, as a divorce imposes a 12 month time limit on making a property or financial settlement claim.
Refer to our section under Separation and Divorce for further details. This will explain the stages of Separation.
Divorce is a fairly straightforward legal process, which formally ends your relationship.To obtain a divorce order, you are required to make an application to the Court on a no-fault basis; meaning, the only ground for divorce that needs to be satisfied is that you have been separated for a minimum of 12 months.
How long does it take to be finalised?
The application will be listed for hearing about 3 months after filing and the divorce will then become final, one month and one day after the hearing, making the whole process about 4 months.
Your ex-partner can’t say no to a divorce, unless there is a dispute with the date of separation.
If you were separated, but living under the same roof as your ex-spouse, the Court requires an affidavit to prove your separation. In this instance, it is advantageous to have a legal practitioner help you navigate through the process and prepare the additional information required.