Time Limits for Divorce
Thinking of getting a divorce?
There’s some important time limitations you need to know
If you have separated, there are important time limits that you need to know about.
If you are married, you and your ex-partner will need to be "separated" for at least 12 months before either of you can apply for a divorce. Any time spent where you and your ex-partner have made genuine attempts to reconcile the marriage will not ‘reset’ the 12-month time limit, however time spent attempting reconciliation cannot count towards the 12 months. For example, if you separate for 8 months, and then spend 2 months together trying to reconcile the marriage unsuccessfully, you only have to separate for another 4 months before one or both of you can apply for a divorce.
It is possible for the 12 months waiting period to include time you and your ex-partner were living "separately but under the one roof", however the Court is going to require impartial evidence that this was the case. Unless there is some pressing emergency, the best course of action is to wait until you and your ex-partner have lived apart for at least 12 months.
It is also a very good idea to ensure your property settlement (who keeps what) is resolved before you apply for a divorce. This is because you only have 12 months from the date the divorce is finalised to sort out any dispute about property. For example, if your ex-partner has significant assets in their sole name (such as superannuation, cars or a house, or a business) it is going to be very difficult to recover your share of that asset after 12 months.
If you were not married, but were in a de facto relationship, you usually only have 2 years from the date of separation to sort out any property dispute. For this reason it is important that you speak to a family lawyer as soon as possible, if you have recently ended a de facto relationship.
Getting a lawyer doesn't mean that you and your ex-partner can no longer be amicable. A good lawyer will obey your instructions, and try to resolve property settlement for you as quickly and as cheaply as possible.
Getting a lawyer also doesn't mean you and your ex-partner will waste money. In most matters, speaking to a good lawyer and getting early advice will save you money. For example, if you and your ex-partner own a house together, having a lawyer file properly drafted Court documents for you means that you won't have to pay transfer duty (stamp duty) for your house, cars, or other registered interests. Having a lawyer prepare your documents also means superannuation interests can be preserved equitably.
When your relationship with your ex-partner has deteriorated, and you are unable to talk to each other without anger, mistrust, or emotional gameplay, lawyers can take the emotion out of the equation and can help you get through this immensely difficult time, and quickly reach the light at the end of the tunnel.
