HERE’S WHAT YOU NEED TO KNOW!
A common misconception is that separation means you are getting divorced.
Understanding Divorce
To apply for divorce you must be separated for a period of 12 months. If you have been separated under the same roof within this time, there are additional requirements which you must satisfy.
If you were married less than two years, you will need to attend marriage counselling and file a counselling certificate.
What if your spouse does not want to divorce?
You can apply for a sole application. This means a process server will personally serve the divorce on your spouse.
Do you need to attend court?
If you have filed a sole application and have children under the age of 18, you will both need to attend the court date.
If you filed a joint or sole application and you do not have children under the age of 18, there is no need to attend court, unless your spouse files a response.
Understanding Property Separation
Property separation is the legal separation of assets. This is relevant particularly where you and your partner/spouse have joint assets. A property separation can be done either by:
1. Consent Orders (legally binding orders which are filed with the court to avoid any disputes in the future); or
2. A binding financial agreement (contract between two or more parties, not filed with the court).
What if you are married?
If you are married, you have 12 months from the date of divorce to finalise a property settlement. After this time, you require the leave of the court, which is not always granted.
What if you were in a De Facto relationship?
ITo satisfy the court you were in a de facto relationship, according to section 4AA of the Family Law Act 1975, you must be in a relationship as a couple living together on a genuine domestic basis.
If you are in a de facto relationship, you have 2 years from the date of separation to finalise a property settlement. After this time, you require the leave of the court, which is not always granted.
** all information provided above is general in nature. Please contact our firm for specific advice regarding your family structure today.
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