How reconciliations after separation affect the 12 month Divorce period

How do reconciliations after we separated affect the 12 month period 

If you reconciled after your separation and were reconciled for 3 months or more, then the 12 month period starts after the reconciliation.

If you were reconciled for less than 3 months, you can usually add up the period before the reconciliation and the period after the reconciliation to make the total of at least 12 months.

Effectively this means , if you reconcile and are together for more than 3 months, the time clock starts running again once you separate the final time.

If you reconcile, but decide within 3 months to separate and do so, you can use the time period before you reconciled as part of the 12 month period.

Divorce in Australia: What else you should know



The first thing you must know is the eligibillty requirements to be able to apply for a Divorce in Australia.

Having a checklist of steps you need to follow so you can do your Divorce yourself without paying a lawyer will save you some divorce costs. Our information sheet A list of steps you need to take to get a Divorce gives you an easy to follow procedure to do your own divorce.

If you are applying for a Divorce you will want to know the cost to get a Divorce and the length of time it is likely to take to have your Divorce granted. Read more in our information sheet explaining How much will a Divorce cost and how long does it take.

Courts do not consider all issues (such as property settlement, parenting arrangements, child support etc) when granting a divorce. The issues the Court looks at are explained in our information sheet What things will a Court want to know to grant a Divorce.

If you are doing your Divorce yourself then you need to be prepared for what will happen on the day your divorce is heard in Court. We have a information sheet explaining What happens at the Divorce Hearing.

Issues surrounding your children, money, finances and property will usually be dealt with first once you have decided to get a Divorce, but you should also know what is explained in our information sheet How does Divorce affect your Will, Superannuation, Life Insurance and family after death.

If you need to file an Affidavit about your separation under the same roof with your Divorce Application, then you can read how to do so in our information sheet How to prepare an Affidavit.

If you got married overseas you can still apply for a Divorce in Australia. Read our information sheet about Australian Divorce requirements for marriages overseas, to see whether additional requirements will apply to you.


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