An application for divorce may be made by one party or by both parties jointly.
In order for a divorce to be granted, the court must be satisfied that:-
- the parties were married for more than 2 years;
- the parties separated more than 12 months prior to the application being filed; and
- that appropriate arrangements have been made in relation to any children of the marriage under the age of 18 years.
In some situations, the court may grant a divorce order despite the parties continuing to reside under the one roof, or where the parties have reconciled for a brief period of time (less than 3 months in a 12 month period).
DS Family Law can assist parties with the preparation of divorce applications, including representation in court.