Family disputes often lead to separation, which is a difficult and stressful time for individuals and families. The finalisation of this separation often occurs when the Family Court grants a divorce. We understand that this process is overwhelming and sometimes confusing, that is why we take the time to explain to you the way family law works.
A divorce is an application that is made to the Court to dissolve a marriage. To apply for a divorce you must have been separated for at least 12 months. To calculate this time period, you add the periods of separation before and after any reconciliation (as long as it was no longer than 3 months).
You can be separated but living under the same roof, however, you will need to satisfy the Court that you are truly separated. This may mean providing the Court with evidence from another person confirming the separation.