A divorce will be granted by the courts once irretrievable breakdown of marriage is demonstrated by a period of 12 months continuous separation. Parties can be deemed to be separated even though they remain residing at the same address. Once the court is satisfied that you have met all of the criteria for a divorce, a divorce will be granted and become absolute one month later – enabling you to re-marry. You do not need to wait until a divorce is granted to finalise your financial and parenting arrangements. This can be done through the court or by entering into a Binding Financial Agreement. Once a divorce is finalised, you have 12 months to apply to the court for a property settlement or spousal maintenance – otherwise you will need to obtain permission for the court to apply to finalise your matters.
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