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Services
Health & Medical Law
Family Law
Elder Law
Wills & Estates
Superannuation & Insurance
Institutional Abuse Law
Criminal Law
Indigenous Services
Medical Negligence Law
Health Disciplinary Complaints
Property Settlements
Parenting Arrangements
Separation & Divorce
Spousal Maintenance
Relocation
Capacity Disputes & NCAT Proceedings
Elder Abuse
Testamentary Trusts
Estate Litigation
Drug Offences, Assault, Fraud & Sexual Offences
Domestic Violences
Appearing on Your Behalf at Court Hearings
Negotiating With the Police or Prosecution
Conveyancing & Leasing
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Frequently Asked Questions
When can I apply for a divorce?
In Australia, either you or your former spouse can apply for a divorce, alone or together, if you have lived separately and apart for at least 12 months (in most cases) and there is no prospect or reasonable likelihood of reconciliation.
Can we be “separated” while still living together?
This is possible, but you will need to show the Court how this has occurred. For example, by a change in sleeping arrangements, reduced joint activities, not eating meals together, a division of financial contributions or paying bills from your individual incomes.
Catherine Henry Lawyers