David H Cohen and Co Solicitors - family lawyer - criminal lawyer - traffic lawyer

Divorce & Separation

David H Cohen & Co

David H Cohen & Co

Divorce & Separation


1. When can I apply for divorce? Do I have to wait 12 months before making an application to do so?

The Family Law Act 1975 requires for the parties seeking a divorce to live separately and apart after the marriage when one party regards that the marriage has irretrievably broken down at the date of separation.

The parties are able to apply for divorce when they separate under the same roof but only if the parties have lived separately and apart whereby they lead separate lives both domestically and socially.

Every case is different so we can talk to you to work out how to help you and what the Court requires.

2. When can I re-marry?

A party cannot re-marry until the divorce becomes absolute or final that is 28 days after the Certificate of divorce has been granted.

The breakdown of a relationship is an emotional and stressful time. You will need the expert advice of an experience family lawyer to help you in completing the appropriate applications required by the Family Law Act 1975 and seeing that they are signed and filed correctly.


In order to divorce you need to file an application with the FEDERAL CIRCUIT COURT. The only stipulation is that the parties have been separated i.e. lived apart for twelve months.


The court allows for divorce of couples who have lived apart under the same roof. With years of experience in filing the appropriate documentation we can assist you in presenting the information needed to the Court.

Respect of the clients

honesty and competence.

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