Family law terms can be confusing. Did you know that ‘separation’, ‘divorce’, ‘property settlement’ all mean different things?
A ‘divorce’ is the administrative ending of a marriage.
Divorce is the formal process that ends a marriage at law. You simply need to show that:
- The marriage has broken down irretrievably, and
- You’ve been separated for at least 12 months (you can still be ‘separated under one roof’).
A divorce is obtained by making an application to the Court, providing certain documentation to the Court and ensuring successful service on your former partner.
Divorce does not resolve parenting or property settlement matters which are separate processes.
Most importantly, once a Divorce Order is granted and becomes effective, a time limitation becomes relevant. Property settlement matters must be resolved by way of an Application for Consent Order fi led with the Court, or a Binding Financial Agreement fully executed, or an Initiating Application filed with the Court to agitate a Court decision, within 12 months of the date your divorce becomes effective. If this date passes, you may be prohibited from seeking relief for your family law property settlement matters.
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