According to Australian law, a romantic relationship ends when one partner divides from the other, often before a married couple’s divorce or the end of a de facto relationship. Not many people may be aware of the crucial distinction that needs to be made in Australia between “divorce” and “separation.”
Living apart is usually a requirement of separation, and a couple must be separated and generally live apart for a minimum of 12 months to file for divorce.
The purpose of this period of separation is to prove that there is no chance of the couple getting back together and that their marriage has irretrievably failed. Read on to find out how and when you can file for divorce, as well as when you may have “legally” or formally separated from your first spouse.
Legal Conditions for Divorce
Legal conditions must be met for a divorce to be granted, but there are no requirements for separation per se. This implies that a de facto couple can divorce without having to follow any legal procedures.
Evidence from the parties involved may be needed to prove separation while cohabiting:
- slumbering in different bedrooms;
- making a formal announcement of their split;
- not going to social gatherings together;
- not doing household chores or cooking together,
- attempting to keep their lives apart.
Forte Family Lawyers’ Function in the Divorce Process
One of Melbourne’s top family law firms is Forte Family Lawyers. Accredited Specialists in Family Law are its partners, Wendy Kayler-Thomson, Jason Walker, Jemma Mackenzie, and Jacky Campbell. The legal team offers superior services and knowledgeable advice.
There are major changes taking place in Australia’s family law system that could affect parents who are not together. For assistance with the separation process, get in touch with Forte Family Lawyers.
Money Matters to Take into Account During Divorce
You should account for the possibility of needing to consult a family lawyer for legal advice when estimating future costs. Setting up separate accounts and determining how to split bills are also crucial. You might have to think about deleting joint accounts and creating new, individual ones.
Parenting and the Custody of Children During Divorce
Despite the fact that separation is a very trying and emotional time, it’s critical to remain composed and prevent the stress of the situation from affecting the kids. Thus, it’s crucial to stay away from:
- involving kids in arguments of any kind;
- exposing kids to their parents’ arguments
- In front of the child, disparaging the other parent;
- giving the impression that the kids must select between their parents;
- When it’s appropriate, not honoring their wishes;
- unnecessarily upsetting their routine.
Conclusion
In Australia, getting a divorce or separation is a big decision that needs to be carefully thought through and guided by professionals. Forte Family Law is dedicated to giving you the assistance and legal knowledge you require during this trying time. Within 28 days of receiving your spouse’s divorce application, you must file what is known as a “Response to Divorce” if you wish to oppose the divorce. On the date specified, you must appear at the divorce hearing; if you don’t, the court will decide without your input.
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