Separation & Divorce

It’s often a difficult time, and we’re here to help you on how to look after yourself and the legal issues relating to separation or divorce

What to consider before going to separation

Separation process before divorce

  • Under Australian law, you have to prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months. It is possible to be ‘separated under one roof’ if certain criteria are met. If you are separated under the one roof, it is important to get legal advice.

Children Matters during/after separation and divorce

  • Parental arrangements
  • Financial issues for children after divorce or separation
  • If you have children under the age of 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them

Property matters when separation and divorce

  • A divorce order will not include property arrangements, you may need the legal advice on how to divide properties.
  • The way money and property are shared will depend on your individual circumstances and contributions during the relationship. It may not matter that the property may only be in one person’s name, and even if you earn little or no money, you may still have rights to property.
  • Consent orders
  • Property settlement after separation or divorce 

Divorce process

Alternatives to court

  • Separating families are encouraged to come to their own arrangements for children and property themselves without going to court. These can be binding formal or informal arrangements.

Apply for divorce

  • Divorce is applied to the Federal Circuit Court for a divorce, or if you are in Western Australia, it will need to be applied to the Family Court of Western Australia.
  • You can apply together (a ‘joint application’), or one person may apply (a ‘sole application)
  • Divorce can be applied for online

Going to court

  • If the couple can’t meet the arrangements about related issues at divorce or separation, you may need to go to court

Not sure about your case? Just give us a call

  • Your rights and obligations during and after divorce or separation
  • Children matters
  • Financial and property matters
  • Alternatives to court
  • Divorce or separation process
  • Going to court

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