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October 2015 ยป Separation and Divorce

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Separation and Divorce

Whether it be after a period of two months or 25 years, splitting from the person you once saw as your life partner is never easy. It is inevitable there will be strong feelings involved on both sides which can make the processes that need to take place seem drawn out and painful. The good news is that the legal system today is set up to deal with divorce quickly and effectively. Knowing the facts and what to expect can make the process of divorce a lot less painful for all involved.

We’ve compiled a list of some of the most common questions clients ask us when beginning the process of divorce.

When can I apply for divorce?

You can submit a divorce application once you and your ex have been living apart for a period of 12 months. Although most people will stay in different locations during this time it is possible to live separate lives at the same residence. To do this you must not be cooking, washing or cleaning as a couple or attending public events and functions together. In these circumstances evidence from a witness will need to be provided. Ultimately the courts need to be satisfied that there is no reasonable likelihood that the two of you will resume married life. 

What if we want to give it another go?

Of course you can get back together during the initial 12 months to attempt reconciliation. If however you are unsuccessful this will be added to the time until you can submit a divorce application. If you stay together for longer than three months this will then restart the 12-month period before you are eligible to submit an application.

How do we deal with our shared home?

Once decree nisri is granted and the dissolution of your marriage becomes absolute you have exactly one year to apply for court orders on the division of matrimonial property. A decision will then be made based on the financial contributions you each make to the house and the best interests of any children you have together.

I think I’m entitled to spousal maintenance, how can I obtain it?

An application for spousal maintenance must be made within 12 months of your divorce being legally finalized. The court will then consider your needs and the capacity of your former partner to pay before coming to a decision. Again the wellbeing of your children will be an important factor in determining any additional financial support.

If you need advice or help filling in a divorce application, legal aid application or any service forms contact Perry Legal today.

Posted: 28/10/2015 1:51:23 PM by Kristen Perry | with 0 comments

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