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SEPARATION AND DIVORCE

Separation carries with it a number of legal implications for you and your former spouse. These implications can be to do with the future care of your children, the division of the property of the marriage, or the future financial support of yourself, your spouse and the children (maintenance).

The law considers marriage to be a very serious commitment with consequent legal responsibilities. The responsibilities of a married couple to each other under the law can continue even after divorce. This is one reason why it is important to seek legal advice.

You do not have to be divorced in order to come to an agreement in regards to both the children of the marriage and the property and financial issues of the marriage. You do not have to be divorced to commence court action to seek orders in relation to both children and property or financial issues of the marriage after you have separated.

The only grounds for divorce in Australia is irretrievable breakdown of the marriage, and the only way that this is proven is by twelve months separation between the parties to a marriage. The Family Court of Australia has a website which contains information on how to obtain a divorce, and also how to seek consent orders or apply for orders in relation to children, property and financial matters such as maintenance.

Applying for a divorce is a fairly straightforward procedure, as long as there are no complicated circumstances, and many people do this themselves without seeking advice from a solicitor.

However, reaching agreement on child, property and financial issues can be more complicated – and obtaining a divorce does not finalise any of these issues.

Sometimes parties may ask whether they can be considered to have been separated while still living under the same roof. The answer to this question is "Yes" but the rules surrounding the proof of this situation are complicated and you will probably need assistance from a solicitor if you are attempting to obtain a divorce in these circumstances.

This page is not intended to constitute or to be a substitute for legal advice. If you wish to obtain specific advice with regard to your situation please contact our friendly staff on (02) 9662 7388 or email questions to reception@kydonsegal.com.au.