In Australia you are not able to obtain a Divorce until you have been separated for a minimum of one year. This can include time that you were separated but still living at the same address. However, including time while you and your spouse were still at the same address does make the process slightly more complex.
Once your Divorce is finalised, you have one year to apply to the Court for a property settlement. If you wish to apply for a property settlement more than a year after your Divorce becomes finalised, you will need the Court’s permission.
It is important to know that you can apply for property settlement before you are divorced. Divorce and property settlement are completely different processes.
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