If you have been separated from your spouse for at least 12 months, and the marriage has “irretrievably broken down” (which means that there is no possibility that you will get back together), you can make an Application for Divorce.
You can make a joint application with your spouse, or you can file a sole application by yourself.
In most cases, the divorce procedure is straightforward.
If you and your spouse have been separated for 12 months, but still live in the family home together, you can still proceed with a divorce. In these circumstances, we recommend you get expert legal advice.
An Application for Divorce does not finalise your financial relationship with your spouse, or formalise arrangements for your children. Once a Divorce Order is made, you have a period of 12 months to finalise your property settlement with your former spouse.
After 12 months, you won’t be able to make a property settlement in the court, unless there are exceptional circumstances.
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