Divorce

When married or de facto couples separate, there are two main areas that often need to be addressed with the assistance of family lawyers.

These are the parenting arrangements for children, and the division of parties’ assets and liabilities (known as a family law property settlement).

There is also a third area that married couples need to address, and that is the Divorce itself. The Divorce itself is the process of formally ending the marriage.

Some married couples will separate and make arrangements for the parenting of their children and the division of their assets and liabilities, however, they will remain married.

Provided the property settlement and other financial arrangements have been appropriately legally finalised, parties may choose to not apply for a divorce, and therefore remain legally married.  However, they will both be prohibited from marrying other people until such time as a Divorce is finalised.

Spouses are required to be separated for a period of at least 12 months before they can apply to the Court for a Divorce.

This separation period can occur by way of the spouses living separate lives, physically apart, or it can occur by way of them living separate lives whilst residing in the same home (known as being ‘separated under the one roof’).

To satisfy the Court that you are ‘separated under the one roof’ you will need to show that, despite living in the same home, you are living completely separate lives in all material respects (i.e. different sleeping arrangements, eating arrangements and finances etc).

If you are living in a de facto relationship with your partner, and you separate, you will have the same entitlements under the Family Law Act as a married person, provided that you have lived in the de facto relationship for at least two years, or you have a child together, or you have provided significant financial contributions to the acquisition of joint assets or assets held by your partner.

Divorce Lawyers (commonly known in Australia as ‘Family Lawyers’) help their clients to negotiate resolutions to parenting and property settlement/financial issues following separation.

Where resolutions cannot be reached by way of negotiation, family lawyers will assist parties in making applications to the Family Court to have the issues resolved through that process.

Family Lawyers can also assist in applying for the Divorce itself, and some also deal with family violence issues such as Intervention Orders.

Married and de facto spouses can legally finalise their parenting and property settlement/financial issues at any point following separation.

However, if married spouses wish to apply for the Divorce itself, they must have been separated for at least 12 months.