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3:26pm Friday 24th July 2009 in Community
By Danielle Messenger
I’ve been married for five years and we have drifted apart over the last year. We both want different things from life and have agreed it would be best to split up. We don’t want things to become nasty, and I have heard that we can obtain a quick divorce based on irreconcilable differences. Is this correct and how long would it take?
ANSWER For the Court to grant a divorce, you need to show the marriage has irretrievably broken down. There are five ways permitted in law for you to demonstrate this. The first two reasons are commonly known as ‘fault divorces’, namely adultery or unreasonable behaviour. A petition on either of these grounds can be issued immediately and the process would then take approximately 4-5 months. The other three grounds require a period of at least two years separation. If you don’t want to attribute blame, the usual option would be to pursue a divorce after you have been separated for two years. No reasons need to be stated as long as you both consent. If you have led entirely separate lives in the same home, this time can count towards the two years. However, the downside to this is that you cannot lodge your petition until the two years are up and it would still take around 4-5 months from that point.
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