DIVORCE AND SEPARATION

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means a person cannot apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple to be separated but to continue living in the same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.

If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper arrangements have been made for them.

Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.

It is important to be aware that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to obtain.

WHERE TO NOW?

If you would like to speak with an expert to discuss your family law issue,
please call us on (07) 3007 9898.. or send us an email.