Apart from the fact that separation and divorce has an unsettling and emotional influence on your own life, it can also have a significant impact on those around you. Kenny Spring's specialist lawyers have many years of experience helping families throughout the Central West get through this difficult time.
We offer a steadying hand to make sure you are aware of your rights and responsibilities, that the lives of your children and the provision of care they receive going forward will be focussed on their best interests, and that any property and assets are managed and divided fairly and equitably.
Divorce and Separation
There is a difference between separation and divorce in Australian law. The law acknowledges separation when you and your partner have agreed to live separate lives and you have made steps to make this happen, like separating joint bank accounts or moving out of your home. You can still be separated and live under the one roof, however if you want to formerly end the relationship you will need to prove that you have been living separate lives.
Under Australian law divorce is classed as the irretrievable break down of a marriage where there is no likelihood of the relationship being resumed. The courts work under a legal principle of a no-fault divorce. This means that a court does not consider which partner was at fault in the marriage breakdown. The only grounds for divorce is the irretrievable breakdown of the relationship.
Apart from divorce formalising the ending of a relationship, it also creates other ways for you to move on with your separate lives. It allows you to remarry and also provides a clear understanding of what assets belong to you or your partner.
When can I file for divorce?
To file for divorce you will need to satisfy the following requirements:
- You will need to have been separated for at least 12 months
- Either you or your partner must be a resident in Australia
- You must hold a valid marriage certificate
- If it's not a joint divorce, then you must have provided your partner with the necessary documents that need to be served for an application for divorce in the courts.
If you have children under the age of 18, then a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.
Why getting legal advice for a divorce is important
In most cases divorce is a relatively straightforward process. Because of the emotional turmoil however, you may not consider all the important practical and legal issues that could have a significant and lasting effect. Kenny Spring's family lawyers can provide you with legal advice that is tailored to your specific needs and personal circumstance, guaranteeing you file your application correctly.
We can provide legal guidance and support around:
- If there are children, living arrangements for the children
- Financial agreements for the care of the children
- If there is property, how the assets and liabilities should be managed and divided
- Financial entitlements as someone who is no longer in a relationship, for example tax implications and Centrelink entitlements.
De facto Relationships
Australian law formerly recognises the rights of de facto couples, including couples of the same sex. Talk to one of our family law specialists to find out how we can protect your legal rights if your relationship ever breaks down and you find yourself separating.
For more information on how Kenny Spring can help please call 1800 650 656.