Many divorce applications are straightforward. However, practical complications can arise. Issues may include eligibility, disagreement about the date of separation, service of documents, overseas marriages, overseas parties or whether court attendance is required.
Divorce does not itself resolve property or parenting issues. However, once a divorce takes effect, strict time limits may apply for bringing certain financial or property applications before the court.
Common divorce application issues
- Eligibility to apply for divorce
- The 12-month separation requirement
- Sole and joint applications
- Serving divorce documents
- Difficulty locating or serving the other party
- Overseas marriages or overseas parties
- Court attendance requirements
- Reduced fee applications
- Time limits that may apply after divorce takes effect
Divorce and broader family law strategy
Although divorce is a separate legal process, it should still be considered in the broader context of your circumstances. Property settlement, spousal maintenance, parenting arrangements and timing issues may need to be considered before or alongside the divorce process.
Tailored advice can help determine whether a divorce application should be made now, what procedural steps are required and whether any related financial or parenting issues need attention.
Understanding the timing and consequences of divorce can help you avoid unnecessary delay and protect your broader family law position.
This material is general in nature and is not a substitute for tailored legal advice.