SEPARATION
When separating from your partner, it is important they understand that the relationship is over, as you will need to show that you have been separated for 12 months with no chance of reconciliation. If you recommence a relationship with your spouse, the 12 month period resets. You may be separated but continue to live under the same roof; this is most common where parents separate but wish to care for their children together. You must provide evidence to establish that your separation is genuine.
Separation requires you to divide any shared assets, parenting responsibilities and property.
If you and your ex-partner are able to agree on the division of assets and how your children will be looked after, you may not need to attend court.
A family lawyer can help you understand how the law applies to your particular situation and will assist you in proceedings like family dispute resolution or attending court, if an agreement can't be reached.
Separation requires you to divide any shared assets, parenting responsibilities and property.
If you and your ex-partner are able to agree on the division of assets and how your children will be looked after, you may not need to attend court.
A family lawyer can help you understand how the law applies to your particular situation and will assist you in proceedings like family dispute resolution or attending court, if an agreement can't be reached.
DIVORCE
Divorce is a fairly straightforward legal process, which formally ends your relationship.
You do not need to wait until you are divorced to settle your financial and property matters or make care arrangements for your children. We recommend settling these matters first, as a divorce imposes a 12 month time limit on making a property or financial settlement claim.
To obtain a divorce order, you are required to make an application to the Court on a no-fault basis; meaning, the only ground for divorce that needs to be satisfied is that you have been separated for a minimum of 12 months.
The application will be listed for hearing about 3 months after filing and the divorce will then become final, one month and one day after the hearing, making the whole process about 4 months.
Your ex-partner can't say no to a divorce, unless there is a dispute with the date of separation.
If you were separated, but living under the same roof as your ex-spouse, the Court requires an affidavit to prove your separation. In this instance, it is advantageous to have a legal practitioner help you navigate through the process and prepare the additional information required.
You do not need to wait until you are divorced to settle your financial and property matters or make care arrangements for your children. We recommend settling these matters first, as a divorce imposes a 12 month time limit on making a property or financial settlement claim.
To obtain a divorce order, you are required to make an application to the Court on a no-fault basis; meaning, the only ground for divorce that needs to be satisfied is that you have been separated for a minimum of 12 months.
The application will be listed for hearing about 3 months after filing and the divorce will then become final, one month and one day after the hearing, making the whole process about 4 months.
Your ex-partner can't say no to a divorce, unless there is a dispute with the date of separation.
If you were separated, but living under the same roof as your ex-spouse, the Court requires an affidavit to prove your separation. In this instance, it is advantageous to have a legal practitioner help you navigate through the process and prepare the additional information required.