The following conditions need to be satisfied to be eligible to divorce your spouse:

• You must be legally married;
• You need to have been separated for a minimum of 12 months;
• There needs to be no reasonable prospect of reconciling with your spouse;
• You and your spouse are Australian citizens or residents or regard Australia as your permanent home.

If you have been married for less than 2 years or you are wanting to have your marriage annulled, then there are additional conditions which apply.

Within 12 months of divorcing your spouse you need to reach a property settlement otherwise you will lose the right to ask the court for a property settlement. There are circumstances when a court will allow a property settlement after 12 months although these are very limited.

The divorce process can take on average 4 months from the application date and receiving the decree nisi of divorce. When the decree nisi is received you are divorced.

WANT TO SPEAK TO A DIVORCE LAWYER?

Are you needing advice or representation with divorce matters? Speak to a Sunshine Coast divorce lawyer at P Law today!