Family Law -
Divorce and Separation

Separation
Separation does not always lead to divorce, but it does dramatically change your circumstances. There is no formal document that must be signed to confirm that you have separated. “Separation” happens when at least one person communicates to the other party that the relationship has ended and that both parties will no longer live together as husband and wife, or as de-facto spouses. Parties can separate by one person moving out of the home, or you can be ‘separated’ under the one roof; so long as you are both leading separate lives.

It is important that if you are intending on separating, or have separated that you see a lawyer to guide you through the process and ensure that you know and understand your rights, responsibilities and entitlements.

Many people don’t realise that you can come to an agreement in relation to the division of your matrimonial assets and the custody of your children before being divorced. In fact, some people choose never to get divorced.

Due to our extensive network of business partners, we can also recommend counselling and/or family therapy, which can be vital to help all parties adjust to, and deal with, the feelings they experience during separation (especially your children).

Divorce
The formal divorce finalises the marriage after you and your partner have been separated for at least one year and when all avenues for reconciliation have been exhausted. People who want to remarry need to divorce their ex-partner, before they can legally go ahead and marry their new partner. Once a divorce is granted, it becomes final, or "absolute", one month after the decree has been made in Court, unless there are special circumstances to vary this.

Obtaining a divorce requires that you make a separate application to the Federal Magistrates Court and it is a separate process from resolving parenting arrangements for your children or property settlement.

Although not everyone will be required to attend Court for their Divorce application, the process for divorce can sometimes be complicated. In certain circumstances the separation may have involved you living under the same roof as your partner for a period of (or all of) that time, time limits apply in relation to resolving your property settlements if they are not finalised before you are granted a divorce, and depending upon your specific circumstances you may or may not be required to attend the Court on that date. It is important that you seek advice in relation to the Divorce process to ensure that your Application for Divorce is successful.

Once your marriage is dissolved, we recommend that you consider updating your Will. Your Will should properly reflect your intentions as to the disposition of your property and other assets. The dissolution of your marriage revokes those clauses of your Will which relate to your former partner.