Separation & Divorce
Going through a separation or divorce can be a stressful time for all involved, and the practical implications of ending a shared lifestyle can be complex. Major decisions need to be made like working out how to divide assets and making arrangements that are in the best interests of your children. Even when a separation is amicable, it is important to understand your rights and the long-term impact of what you agree to. Independent professional advice is essential.
We can provide comprehensive legal guidance to help you resolve and finalise your property and parenting matters as quickly as possible while ensuring your rights are protected.
A divorce is the legal end of a marriage. In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably and there is no reasonable chance that the parties will get back together.
Generally, if you have been separated for more than 12 months you can apply to the Federal Circuit and Family Court of Australia for a divorce. In most cases, you will not have to appear in Court for the application to be granted.
Applications are made online, and you will need to provide specific documentation such as your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
If you have children under 18 years, the Court will need to be satisfied that arrangements are in place for their care before granting the divorce.
A divorce does not finalise the division of your property with your ex-partner, and you may be able to reach an agreement without having to go to Court. However, bear in mind that if you cannot reach an agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
De Facto Relationships
De facto couples (whether they are in a same-sex or heterosexual relationship) can also access remedies under family law legislation and may seek parenting and property settlement orders from the Federal Circuit and Family Court of Australia.
Under the Family Law Act persons are in a de facto relationship if:
- they are not legally married to each other; and
- they are not related by family; and
- having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
Various factors are considered to determine whether a couple is or was in a de facto relationship, for example, the length and nature of the relationship, financial dependence or interdependence, the care and support of children, and whether the relationship was registered under state law.
If you have separated from a partner or are seeking a divorce, our family lawyers can provide expert legal advice about the next steps. The good news is that most family law matters can be settled outside the courtroom through negotiation and entering into consent orders or other legal documents. We can help you make informed decisions to ensure the best possible outcome for you and your family.
If you need assistance, contact [email protected] or call 03 9741 3777 to arrange a consultation with an experienced estate planning lawyer in Werribee.