Divorce
Going through a relationship breakdown is one of the most difficult and stressful experiences an individual faces in their life.
When you have to deal with property division, making suitable arrangements for children or settling financial agreements such as spousal maintenance and child support, it can become even more stressful. Navigating the legal requirements involved with separation doesn’t have to be like navigating a minefield.
Entrusting an experienced family lawyer to assist you through the divorce process with sound legal advice and representation (if the matter goes to court) is the best way to get through this challenging and emotional time positively.
Information about Divorce in Australia
A divorce is the official termination of marriage. In Australia, there is only one ground for divorce – that the marriage has broken down irretrievably with no chance of reconciliation.
Before you can make an Application for Divorce, it is necessary that you have been separated from your spouse for a minimum period of 12 months. Either you or your spouse also needs to be an Australian citizen, live in Australia or have been living in Australia for at least 12 months before the date of the Divorce application. It is possible that all or part of the separation has occurred while the parties continued to reside under the same roof. In these circumstances, it is necessary for the parties to establish that they were living “separately and apart”.
This goes beyond sleeping in separate rooms, but also requires some evidence that either yourself or spouse stated that the relationship was over and that you were living separate lives during the period of separation.
Further information regarding the meaning of this can be obtained by contacting our divorce lawyers.
Divorce Application
What about Property Settlement & Financial Matters?
Property settlement and financial matters such as spousal maintenance, division of assets and child support arrangements will also need to be determined.Discuss your Matter with a Trusted Family Lawyer
Our family lawyers have extensive experience with all family law matters and are able to provide married couples, same-sex couples and de facto couples with tailored advice regarding all aspects of the separation and divorce process during this challenging time. We can advise on:
- Property division
- Financial arrangements
- Child support matters
- Parenting issues
Contact our Divorce Lawyers Toowoomba, Roma & Warwick
Contact our divorce lawyers for advice on your matter today. We have offices in Toowoomba, Roma, and Warwick , and will provide the legal advice you need during this difficult time.
Frequently Asked Questions
How is separation different to divorce?
Divorce is the process of legally ending a marriage whereas separation does not require a legal process.
Family breakups are often the most stressful and painful experience that any family has to face.
It’s important to seek legal advice from a lawyer who specialises in family law matters because this area of law can be very complex.
Do I need to be separated before I can get a divorce?
Yes – You must be separated for 12 months and 1 day before you can apply for divorce.
The legal requirement for getting a divorce is the ‘irretrievable breakdown’ of the marriage with no likelihood of getting back together.
This ‘irretrievable breakdown’ of a relationship can only be certain when both parties have been separated for 12 months or more.
What do I need to do to be considered as 'separated'?
Separation happens when you and your partner stop living together as a couple.
You do not need an official document to say that you are separated. One or both of you will make the decision to separate, and inform the other person of that decision.
One of you may decide to move out of the home during the period of separation.
Can you be separated while still living together?
Yes – It is possible to be separated but still to live in the same house. This is called being separated “under the one roof”.
You can still live together in the family home and start divorce proceedings provided that you live ‘separate and apart’.
If separation under one roof applies to your situation, you’ll need to support your eventual divorce application with an affidavit. This is used to prove that you and your spouse have actually separated.
Talk to one of our family law solicitors about this.
Can I oppose a divorce?
Yes, divorce applications can be opposed in Australia. This can only happen if you:
1. Have not been separated for 12 months and a day and;
2. There are not appropriate arrangements in place for your children or if the court doesn’t have jurisdiction.
In order to oppose an application for divorce, you will have to file a ‘Response to Divorce‘ document which outlines the grounds for dismissal.
You may or may not be required to attend a court hearing.
Can I get a property settlement without a divorce?
Yes, you can formalise a property settlement without applying for divorce.
It’s important to understand that a divorce is the legal end to a marriage. This means there may be certain circumstances where a couple decide not to formally divorce, but they may wish to finalise their financial relationship.
Read more about Property Settlement vs Divorce here.
