Divorce is the legal term used to describe the formal ending of a marriage. Once a divorce has been granted by a court, the parties are legally allowed to remarry.
Of course, a marriage usually comes to an end before a divorce is granted. In legal terms, this is referred to as a 'breakdown' of marriage.
To apply for a divorce you must have been separated for 12 months. This is because the requirement for a divorce to be granted is that there has been an irretrievable breakdown of marriage. Normally, this is proved if the parties have been separated for at least 12 months. You can have been separated for more than 12 months even though you may have lived at the same address for some (or even all) of that period or even if you reconciled for a period of up to 3 months during the 12 month period.
Once a divorce is granted, it takes a month for it to come into effect. In certain circumstances the period between the divorce being granted and the time it comes into effect can be reduced.
Orders about property settlement, orders about spousal maintenance, orders about children and child support are actually quite separate to the 'divorce' itself. All of these types of orders can be obtained even if you have not yet been divorced. In fact, most of these types of orders can be sought even if the marriage hasn't even broken down.
Divorce is relevant, however, because once a divorce has been granted, there is a time limit of 12 months from the date of the divorce after which an application for orders for spousal maintenance or for property settlement cannot be made unless the court grants special leave.
Our specialist divorce lawyers can assist you through the difficulties aassociated with the breakdown of relationships and issues in relation to marriage breakdown and divorce.
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