Separation and Divorce
A divorce is the legal end of a marriage. It doesn’t divide your property or settle arrangements for your children; those can be dealt with before or after the divorce. We advise on separation and prepare and file divorce applications. We handle service on your former partner where needed, and appear for you if attendance is required.
Applying for a divorce
Before applying, you need to have been separated for at least twelve months and one day, with no reasonable likelihood of resuming married life. You do not need to establish who was at fault for the marriage ending.
You can apply together or on your own. A joint application does not need to be formally served on the other person. If you apply on your own, the documents must be formally served on your former partner. Application guidance.
Separated under one roof
You can be separated while still living in the same home. If this was the case during the required separation period, the court will need extra evidence explaining how your relationship changed.
That evidence is given in affidavits - written statements sworn or affirmed to be true - and may cover your finances, sleeping arrangements and daily life. Evidence from another person who knows about the separation may also be needed. Separation under one roof.
When the divorce becomes final
A divorce usually becomes final one month and one day after the court makes the order.
Once it is final, you have twelve months to start court proceedings for a property settlement or spousal maintenance. After that, you need the court’s permission. If you’re divorced and these matters remain unresolved, get advice promptly. Divorce and time limits.
“Going through a divorce is incredibly stressful, but PWB Lawyers provided the perfect balance of empathy and objective legal advice. Their communication was always prompt, clear and professional. They truly cared about my well-being and made a daunting process feel manageable”
Tony — Client
Common Questions
You must have been separated for at least 12 months and one day before applying. The court also needs to be satisfied that the marriage has broken down and there is no reasonable likelihood of resuming married life. You do not need to establish who was at fault, but the other requirements for divorce still apply. You do not have to apply as soon as the waiting period ends.
Yes. Separation can occur while you are still living in the same home. If that applies during the separation period relied on for a divorce, the court needs extra evidence explaining how the relationship changed. This is given in affidavits and can cover finances, sleeping arrangements, household responsibilities and why you continued living together. Evidence from another person may also be needed. Read about separation under one roof.
You can apply after at least 12 months and one day of separation. The time from filing to a final divorce then depends on the available hearing date, service and whether the court needs more evidence. Once granted, the divorce usually becomes final one month and one day later. Do not assume it will be granted at the first hearing, particularly if you are planning to remarry. Read more about divorce timing.
