Practical Steps to Divorce

Going through the process of divorce may be confusing. Many are unsure of what steps they should be taking and when they should be taking these steps. There is a common misconception that separation occurs after divorce has been applied however, separation is in fact the first step. Separation initiates the entire process. Between separation to the final step of divorce, there are several other steps that must be taken to ensure the entire process proceeds as smoothly as possible.

Separation

The first step in the process, separation involves the emotional and physical split a couple must undertake. Basically, it is the act of ‘breaking up’ with a spouse and announcing an intention to no longer pursue the marriage. One or both of the parties might move out of the marital home or begin living separate lives in the same home. A married couple must remain separated for at least 12 months before applying for divorce.

There is a time-sensitive step, Property settlement, that may be required in the divorce process. Property settlements take time because both parties must negotiate with each other. This means that they can take anywhere between several months to several years. This step becomes time-sensitive after divorce has been granted. For that reason, we recommend people undertake it before applying for divorce as there is no time limit on how long separation can be.

Another step in the process, Parenting settlements, are not subject to time limits. That being said, it would still be much easier if both steps are undertaken together so negotiations are minimised. For more on these steps, check out our Property and Parenting Settlement articles.

Divorce

Once the 12 months have elapsed, you may apply for a divorce. If you would like to discuss any of the above further, we at Straits Lawyers can help. Simply email us at info@straitslawyers.com or call at 08 8410 9069.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.