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 have been put in place for their care.
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 smooth finalisation.
We have a network of lawyers in Turkey and the Middle East and can arrange for your divorce and separation to be recognised overseas. We can also ensure that overseas properties are taken into consideration in your property settlement, to ensure a just and equitable division is achieved.
