If you do separate, you and your former partner may need to make some immediate decisions on practical issues including:
- Where the children will live.
- How much time the children will spend with each parent.
- How decisions regarding the children will be made.
- What arrangements will be made for financial support of the children?
- How your property will be divided; and
- Whether one partner will need to provide ongoing financial support for the other.
We can assist you make the right decision specific to your personal circumstances.
When you apply for a divorce, the Family Law Act does not take account of the causes of marriage breakdown. It only requires that the marriage has broken down irretrievably. Irretrievable breakdown is proven by a 12 month separation of the parties. If you are married and you have been separated for at least twelve months, you can apply to the Family Court or Federal Magistrates Court for a divorce.
If you have been married for a period of less than two years, you will normally require a counselling certificate before applying to the Court for a divorce. If you have children, the Court has to be satisfied that you have made proper arrangements for your children’s welfare before granting a divorce.
Divorce marks the legal end of your marriage. However, your divorce will not settle the parenting of your children, child support, and the division of the property of your marriage or spousal maintenance. These issues are dealt with separately.