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A divorce is the termination of a marriage other than by death and it is done on no fault basis, that is, as long as you wish to end the marriage and have been separated or living apart for at least 12 consecutive months, prior to the date of filing the divorce application, then you can apply for a divorce.

If you are separated, but living together with your husband or wife, during the 12 consecutive month period the Court will require you to fulfill additional criteria.

There are also circumstances where you may have temporarily reconciled with your husband or wife, after the initial separation, then separated again, where the time prior to the reconciliation can be counted towards the 12 months, even though the 12 months not technically consecutive.

If there are children under 18, you will need to show within the Application that suitable arrangements have been made for the care, welfare and future development of the children.

Normally when there are children under 18, to the marriage, you will need to attend Court for your Application. However, this will depend on how your Application for Divorce is made.

A Divorce Order is normally issued a month after your Application is brought before the Court.

If you require advice or assistance for any aspect of Family Law matters please don’t hesitate to call today on (03) 59757611 or Enquire Online to arrange your initial Family Law consultation.

You can also find further information in our: Children and Family Law – Frequently Asked Questions, Children and Family Law, Family Law Property – Frequently Asked Questions, Family Law Property, Child Support and our Articles sections.