Separation & 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
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
Like adults, children react in different ways to separation or divorce, depending on the child’s age, temperament and the level of cooperation or conflict between the parents
Separating is never an easy decision, even emotionally painful. It might be very difficult for you to keep a level head during this time to look at expenses charged for your divorce and things even get more stressful when the budget is also one of your biggest concerns
What you say on Facebook, in a text, in an e-mail, or on any other social networking site can be used as evidence against you