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Legally you are separated when you stop living together as husband and wife. It
is important to get advice early on, we can help you.
We know this is an emotional time in your life, you may not have been expecting it, the reality of dealing with all the decisions that need to be made can be overwhelming. There will be lots of things to consider, we can help you.
There are some things you can do straight away once you and your partner have separated.
You will need to take action, you could:
Divorce is the Court’s declaration that a marriage no longer exists. Spouses can
apply for a divorce individually or jointly. For a divorce to be granted, a couple
must show that the marriage has broken down irretrievably. This is shown by the
parties having been separated for 12 months.
Parties can continue to live under one roof and still be separated. If this is the case additional evidence is required when obtaining a divorce.
If there are children under the age of 18, arrangements made for the children must be disclosed to the Court. The Court must be satisfied with arrangements such as time spent with each parent, child support, housing, education and health.
Applications for divorce are made to the Federal Magistrates Court. It usually takes approximately 3 – 4 months for a divorce to be finalised. If parties have been married for two years or less special rules apply and those parties will need to attend relationship counselling before applying for a divorce.
Divorce marks the legal end of a marriage. However, divorce does not settle issues such as the parenting of children, child support, and the division of the property.
Once divorced, you will need to think about property and spouse maintenance claims. These claims must be made within 12 months of the divorce being finalised.
Divorced couples cannot remarry until their divorce becomes final which is usually one month and one day after the court date.
Should you wish to remarry or enter into a domestic relationship with another party then we suggest you consider entering into a financial agreement to at least quarantine (separate) the assets that you have acquired to date. There is a real feeling of comfort to know that what you have acquired over a lifetime can be protected in the event of a future separation.
Where to now?
Speak to a family lawyer
Often the best way to get the answers you need is to speak to an expert. Click here to contact us via our contact forms or please call us on 1300 355 641.
Attend a seminar
If you would like to book to attend one of our FREE family law information seminars please click here. Alternatively to find out more about the seminars click here.
Organise an initial consultation
A face-to-face consultation gives you the opportunity to discuss your family law issue with professionals who deal with and resolve these issues on a daily basis.
It gives you a chance to ask any questions you may have and us to gain background and provide an insight into the options available to you.
For more information please call us on 1300 355 641 or send as an e-mail at email@example.com. We are here to help.