Divorce and Separation

Legally you are separated when you stop living together as husband and wife. It is important to get advice early on, we can help you.

We know this is an emotional time in your life, you may not have been expecting it, the reality of dealing with all the decisions that need to be made can be overwhelming. There will be lots of things to consider, we can help you.

Remember:

• Parents are both equally responsible for the care of their children whether they are married, unmarried, separated, or divorced.
• If you have been threatened or assaulted you may need the protection of an Apprehended Domestic Violence Order.
• If you move out of the house you won’t lose your rights to that property but there may be other consequences you should think about that will flow from that decision.

There are some things you can do straight away once you and your partner have separated. You will need to take action, you could:

• Take some money out of the joint bank account so that you are able to maintain yourself for a period of time as well as fund your legal case.
• Change the password on your email or set up a new account.
• Contact your bank and make sure neither of you can draw down on the mortgage without both of you being present at the bank, all cheques should be signed by the two of you and all withdrawals from all accounts should be authorised by the two of you. In this way you can keep track of funds and where they are going.
• If you do not already receive correspondence relating to your accounts directly from the bank ask them to start sending you information too.
• Any things in the house that are important to you or sentimental to you, you should remove if you are leaving the house or if they are small enough to keep somewhere else.
• If your partner has left the house and started living somewhere else, change the locks. While you don’t have a legal right to do this it will make you feel more secure and it is something you can deal with in time to come if he or she takes great objection to it.
• Collect as many documents as you can that are lying around the house so that you have copies of as much as possible.
• Let the school know what is happening so that the children can get the support they may need.
• If possible, keep communication between you and your partner open and keep your separation as friendly as possible.
• Don’t say ugly things about your partner in front of the children.
• Don’t make any threats to your partner. If your partner makes threats to you and you are genuinely intimidated you can go to your local police station and make an application for an Apprehended Violence Order.
• Don’t agree to anything by discussing it directly with your partner. You should take time to think about anything you discuss.
• Make an appointment to see a family lawyer and if necessary make an appointment to see a psychologist to get the support you need.
• Most importantly be fair. If your partner is the one leaving the home then let them take some of the items that are duplicated in the home.
• Remember everything that you do at this very emotional time will impact upon the way your matter progresses in time to come so don’t do anything you will regret. It’s a good time to get solid and practical legal advice.

Divorce is the Court’s declaration that a marriage no longer exists. Spouses can apply for a divorce individually or jointly. For a divorce to be granted, a couple must show that the marriage has broken down irretrievably. This is shown by the parties having been separated for 12 months.

Parties can continue to live under one roof and still be separated. If this is the case additional evidence is required when obtaining a divorce.

If there are children under the age of 18, arrangements made for the children must be disclosed to the Court. The Court must be satisfied with arrangements such as time spent with each parent, child support, housing, education and health.

Applications for divorce are made to the Federal Magistrates Court. It usually takes approximately 3 – 4 months for a divorce to be finalised. If parties have been married for two years or less special rules apply and those parties will need to attend relationship counselling before applying for a divorce.

Divorce marks the legal end of a marriage. However, divorce does not settle issues such as the parenting of children, child support, and the division of the property.

Once divorced, you will need to think about property and spouse maintenance claims. These claims must be made within 12 months of the divorce being finalised.

Divorced couples cannot remarry until their divorce becomes final which is usually one month and one day after the court date.

Should you wish to remarry or enter into a domestic relationship with another party then we suggest you consider entering into a financial agreement to at least quarantine (separate) the assets that you have acquired to date. There is a real feeling of comfort to know that what you have acquired over a lifetime can be protected in the event of a future separation.


Where to now?
Speak to a family lawyer

Often the best way to get the answers you need is to speak to an expert. Click here to contact us via our contact forms or please call us on 1300 355 641.


Attend a seminar

If you would like to book to attend one of our FREE family law information seminars please click here. Alternatively to find out more about the seminars click here.


Organise an initial consultation

A face-to-face consultation gives you the opportunity to discuss your family law issue with professionals who deal with and resolve these issues on a daily basis.

It gives you a chance to ask any questions you may have and us to gain background and provide an insight into the options available to you.
For more information please call us on 1300 355 641 or send as an e-mail at familylaw@hflawyers.com.au. We are here to help.