Divorce in Australia:
“Divorce is a commonly misunderstood and misconceived process, which leads people to further confusion in an already difficult stage in their lives.”
What a lot of people don’t know about divorce in Australia is that they are classified as ‘no fault’ divorces. What this means is that while there may be emotional blame or actions taken, the law does not consider who is at fault or the reasons the marriage is ending! There is no ground for divorce in Australia other than when the marriage has broken down irretrievably…
So, how do you file for divorce?
To be able to successfully apply for a divorce, you and your spouse must have been living ‘separately’ for more than twelve months and the court must be satisfied that it is not reasonably likely that the relationship will be reconciled!
Can you live together while ‘separated’?
It’s not always possible to live separately for a variety of reasons, and that’s okay! The court will still consider you separated even under the same roof, as long as your intentions and actions continuously demonstrate that the marital relationship is over. These could include a reduction in household services to each other, less social interaction, moving to a different room, taking steps to gain financial independence and more.
What happens if you get back together during separation?
Australian law places a great deal of importance upon giving marriages every chance to reconcile before a divorce is granted. In order not to scare people from trying to rekindle their relationship, the law provides for a three-month period where couples can get back together without it resetting the twelve-month period of separation! This means that if you separate for six months, get back together for two months, and then separate again, you will only need to separate for another six months.
Is divorce the same as a property settlement?
Another common misconception is that a divorce includes property settlement, financial and parenting proceedings! They are in fact completely separate from divorce; divorce is simply the official dissolution of the marriage.
Once a divorce is granted, there is a strict twelve-month period in place for property settlement to take place before you are considered ‘out of time’. While this period can be extended leave by way of application to the court for leave, it exposes the parties to further costs and time delays. For this reason, it is preferable for these matters to be discussed and addressed with a lawyer before a divorce order is sought!
Overall, divorce, separation, property, financial and parenting matters are a messy and stressful process. The best way to smoothly navigate through these processes is to contact an experienced and understanding lawyer to guide you through the process.
Can I still claim for property in a De Facto relationship?
Yes, you can! Generally, if you have been together for more than two years, have children together, have made substantial contributions, or are registered officially as de facto, you will have the same rights as married couples regarding property settlements and may apply to court seeking just and equitable entitlements following separation… Further, the time limit to settle a property dispute is two years for de facto couples!
Need help with your divorce, separation, property settlement, parenting orders, financial orders, or other family law matters?
Vellotti Law is here to help! Our principal solicitor Madalena Vellotti is extremely experienced with family law and is passionate about delivering favourable outcomes to her clients. A knowledgeable lawyer that demonstrates empathy, understanding and a high standard of professionalism, Madalena will take the time to understand your unique situation and provide a smooth and effective path forward.
Please make an inquiry through our website www.vellottilaw.com.au/contact-us/ today and we will endeavor to respond promptly. Alternatively, please give us a call on 08 8212 1234, or send an email to madalena@vellottilaw.com.au
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The contents of this blog post are not legal advice, are not intended to substitute legal advice and should not be relied upon as legal advice.
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