9. Divorce

Q. When can I apply for a divorce?

A. There is only one ground for Divorce, being an irretrievable breakdown in the relationship between the married couple. This is usually evidenced by the spouses living apart for at least twelve months. A Divorce cannot be applied for until you have been separated for twelve months. There are certain circumstances where you may be “separated” but still living under one roof.

Q. How do I apply for a divorce?

A. The person who applies for the Divorce pays for it. There is also a filing fee ($334 as of 1 July 2005) payable to the Court for lodging an Application for Divorce. The other party need do nothing but sign the forms acknowledging receipt of the papers. A Joint Application for Divorce can also be made.

Divorce proceedings are conducted totally separately and apart from other proceedings in the Court (i.e. Property Proceedings or Residence/Contact Proceedings).

If there are children under the age of 18 years, the person who applied for the Divorce will be required to attend the Divorce hearing so that they can answer any queries that the Court may have as to whether proper arrangements have been made for the care of the children. It is a requirement of granting a divorce that the Court is satisfied that proper arrangements for the care of the children are in place.

At present there is a delay of approximately six to eight weeks from the date of the filing until the date of hearing of a Divorce. At the hearing, a “Divorce Order” will be granted, which will take effect one month later. You cannot remarry until the Divorce Order takes effect.