Either one or both parties jointly can apply for a Divorce, once parties to a marriage have been separated for more than one year and there is no prospect of reconciliation. The application for a divorce is relatively straight forward so long as the Court is satisfied that proper provision has been made for any minor children of the relationship.
It is not necessary to wait for the Divorce before undertaking a property settlement. However, it is important to note that once the Divorce has come into effect, any application for an adjustment of property interests pursuant to the Family Law Act must be filed within one year, failing which leave of the Court will be required. Leave is only granted for applications to be filed out of time in exceptional circumstances.