Separation is when one or both people have decided that their relationship has come to an end. You can decide to separate from your partner even if they do not agree, and you do not need anyone’s permission. De facto couples have the same protections as married couples, and the Family Law Act applies also to de facto relationships.
After separating from you partner, you should advise organisations such as the Department of Human Services (DHS) Centrelink, Child Support and Medicare (whichever is applicable to your situation), that you are separated from your partner. You can also tell your family and friends.
It is recommended that arrangements are made for any children of the relationship, for example where the children will live.
Separated couples also need to determine what will happen with their property and finances, bills, debts, joint bank accounts, superannuation, or insurance and how their assets will be divided.
A divorce is the legal end of a marriage. In Australia a divorce application is a separate process to property or parenting settlements and a finalised divorce is not required before you start making arrangements for your children or to divide your property. After a divorce is granted, however, there is a 12-month limitation period within which to bring court proceedings for property settlement or spousal maintenance.
Divorce orders are made by the Federal Circuit and Family Court of Australia, but in many cases, a divorce application will not require you to appear in court. Generally, the process involves filing documents with the court and the consent of both parties is not required.
A divorce application can be made when a marriage has broken down irretrievably and there is no reasonable chance of the parties getting back together. You must have been separated from your partner for at least 12 months, however, this does not necessarily require you to have been living in separate residences. If you have children under the age of 18 years with your former spouse, the court will need to be satisfied that proper arrangements, such as a binding child support agreement, have been put in place for their care. By seeking help from a separation lawyer Melbourne you can complete the process without any hassle or mistake. Â
Once completing the application process, a divorce order takes effect one month and one day after the order is made. After this time a Certificate of Divorce will be issued, and a party is then free to remarry.
Family law legislation also applies to de facto couples whose relationship has ended. For a couple who was not legally married to access remedies under family law legislation, a number of factors are considered to determine whether they were in a de facto relationship. These include, but are not limited to, the length and nature of the relationship, financial dependence or interdependence, the care and support of children, or whether the relationship was registered under state law.
For de facto partners, any court proceedings for a property settlement must be commenced within two years of separating.
If you have recently separated from a partner or are seeking a divorce, our specialist family law firm lawyers can provide advice about the next steps.
We have lawyers with a thorough knowledge and expertise in Islamic Marriage Law and procedures. We can assist with preparing Mahr Agreements, resolving disputes about Mahr after separation, and Binding Financial Agreements, and help with your Islamic Divorce to ensure a fair and equitable outcome.
We have a network of family law specialists in Turkey and the Middle East and can arrange for your divorce and separation to be recognised overseas. As your Melbourne family lawyers can also ensure that overseas properties are taken into consideration in your property settlement, to ensure a just and equitable division is achieved.
For compassionate and expert guidance through your family law journey, our Melbourne Divorce Lawyers are here to provide clear legal direction and strong advocacy. Whether you are navigating divorce, property settlements, parenting arrangements, or complex international family law matters, our dedicated team will support you with personalised advice and a commitment to securing a fair and positive outcome. Contact us today to ensure your rights are protected and your future is on the right path.
Separation is when one or both partners decide the relationship has ended – this can happen even if you’re still living under the same roof. Divorce is the legal process that officially ends a marriage and is separate from property and parenting arrangements.
You must be separated for at least 12 months before applying for a divorce. Separation can occur even if you continue living in the same home, provided you meet certain conditions and can prove the relationship has ended.
No. You can apply for a divorce individually. The court simply needs to be satisfied that the relationship has broken down irretrievably and there is no chance of reconciliation.
After separating, you’ll need to divide assets, debts, superannuation, and other financial matters. This can be done through negotiation, legally binding agreements, or court orders if needed. You don’t have to wait for a divorce to finalise property settlements.
Yes. De facto couples have the same rights under the Family Law Act, including property settlements and spousal maintenance, provided certain criteria (such as relationship length or having children) are met.
Yes. We have expertise in Islamic marriage laws and can assist with Mahr agreements, Islamic divorce, and ensuring property settlements consider religious and cultural factors. We also liaise with international lawyers to ensure recognition of divorces overseas and a fair division of global assets.
