Separation and Divorce
For separation to be established, the relationship must have broken down irretrievably. There are three elements to separation:
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The intention of one or both parties to sever or not resume the relationship.
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The parties act on that intention or act as though the relationship has come to an end.
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Where one party alone considers the relationship at an end that party must communicate that attitude to the other party.
You may be separated but remain living under the same roof. If this reflects your circumstances, then you are still able to file a divorce application. You will also be required to file with your application appropriate evidence setting out details of your arrangements whilst you were living under the same roof.
An application for divorce can only be made if the parties have been married for a period of 2 years, otherwise the parties are required to attend counselling with a view to attempting reconciliation.
Divorce orders can be made if the court is satisfied that you and your spouse have been separated for a continuous period of not less 12 months and there is no reasonable likelihood of reconciliation.
We can assist you in applying for divorce by way of a sole application or joint application and thereafter filing your application in the Federal Circuit and Family Court, ensuring that you obtain your divorce as efficiently and quickly as possible.