That’s a personal matter, but we recommend you bear in mind these three important points:

  1. The only reason you must get a divorce is if you want to remarry.
  2. Immediately upon separation, you can take action about all other matters i.e. property settlement, spousal maintenance, arrangements for children and child support. You do not have to wait until you are divorced.
  3. Court proceedings for property settlement and/or spousal maintenance need to be commenced within 12 months of the divorce order taking effect. Outside of this period, you need to seek special leave from the Court to proceed with a case for property settlement and/or spousal maintenance.

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