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Did the pandemic affect your relationship?

Amy Jenkins & Nicky Neville-Jones

5 questions about divorce

The COVID-19 pandemic presented many challenges and deeply affected people’s relationships and families. If your relationship was affected and you and your partner are seeking a separation or divorce, we’ve outlined 5 common questions that arise when seeking a divorce.

Q1. I’ve just separated, when can I seek a divorce?

While an application for divorce might be the first thing many Australians think about when they separate, there are time constraints which must be complied with first before an application can be made post-separation.

Q2. Do I need a divorce to seek a property settlement?

Parties can start negotiating a property settlement straight after separation, despite having to wait to apply for a divorce.

Q3. What is the process to seek a divorce?

The process to apply for a divorce will differ depending on the circumstances of your separation, whether you have lived physically separate for 12 months or under the same roof, as well as whether there are children of the marriage and other circumstances, including if you reconciled at any time since separation, which the Court will also require more information about.

Q4. Do I need to appear at Court for my divorce application?

Depending on the circumstances, an appearance may be necessary for your divorce application, particularly if there are children under 18 years and/or there are other matters that may need to be explained to the Court.

Q5. I have been served a divorce application from my ex-partner, do I need to respond?

If your ex-partner has filed and served an application for divorce on you personally or via your lawyer, you may not need to respond to the application or appear at the hearing.

Want to know more?

Watch our three minute video for more insights and considerations to keep in mind when applying for a divorce.

How we can help

Russell Kennedy are pleased to offer expertise in the area of family law from our Sydney and Melbourne offices. We have Accredited Specialists in Sydney and Melbourne who are more than happy to assist with any enquiry you may have. For any enquiry in Sydney, please contact our national head of Family law Amy Jenkins. If your enquiry relates to a matter in Melbourne, please contact Nicky Neville-Jones – Special Counsel and Accredited Specialist in Family Law .

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