Separation & Divorce

Karen L Haga & Associates

Separation & Divorce

In Australia, if a couple has been living separately for more than 12 months and has no
likelihood to resume their marriage, they can apply for a divorce. Under the eye of law, a
couple doesn't have to live apart to be separated. You will have to provide the court
evidence to verify that you have been separated under the same roof in order to get a
divorce. The Court will require you to provide an affidavit to prove the gradual or sudden
changes in your relationship especially evidence that you and your spouse have
separated..
Before making the decision to separate, you should make a plan to minimise the
unforeseen consequences that may cause problems in the future. You should ask yourself
the following questions:

Will you take the children?

What about the pets?

Do you fear a violent response?

Can you take the company car?

Does your departure create any legal implications?

If you have difficulty in answering these question, seek for advice from a divorce lawyer or
family specialist.
According to the Australian law, you have to fulfill the following things:

You must have a valid marriage

Either you or your spouse must:

Regard Australia as your home or intend to live in Australia indefinitely

Have Australian citizenship

Ordinarily live in Australia and have done so for 12 months immediately

before filing for divorce.

Separation and divorce application is a simple legal process. You can either apply by
yourself or ask a lawyer to do it for you. If you apply for a divorce together with your
spouse, it is a joint application and you and your spouse are joint applicants. If you apply
for a divorce by yourself, you are a sole applicant and your spouse is the respondent.

Separation & Divorce

Contact Us
02 9899 9331
02 9894 9133
24/15 Terminus Street, Castle Hill, NSW
2154
At Karen L Haga & Associates, our philosophy is
simple. We aim to give you the best possible
advice, obtain the best possible outcome for
you, and deliver the best possible service every
step of the way.