Family Law

Divorce and Separation

A divorce lawyer will help you through this challenging time

The end of a marriage is never an easy time, and can be one of the most emotional and stressful events in your life. If you decide to separate or get divorced, there are certain legal considerations you need to be aware of.

The separation process

Couples will usually separate before they decide to legally divorce. Most of the time, one partner will move out of the family home, however you do not need to be living apart to be officially separated. As long as the conditions for separation have occurred, you will be separated in the eyes of the law.

You must be separated for a period of 12 months before you qualify for a divorce, however during this time, you can make settlement and distribution arrangements. If you and your partner agree on child custody arrangements and distribution of assets, you may not need to go to court.

The divorce process

Once you have been separated for 12 months and there is no chance of reconciliation, you can apply for a divorce. Parenting and financial matters can be resolved before or after you make a divorce application.

In most cases, the divorce process is fairly straightforward. Complications can arise when there is a dispute over child custody, if you were married overseas under different laws, or if one party is overseas and it is a single divorce application. The overseas party will need to be served in that country, therefore it may be necessary to get a process server or an investigator to find out where they are living.

For separations, you may need to prepare further affidavits or show evidence of your relationship ending if you separated whilst still living under the same roof.

Every marital situation is different, so it's important to speak to a lawyer to make sure you're receiving advice tailored to your circumstances. Often, getting a divorce lawyer involved helps to settle matters in a rational and timely manner and makes the whole process less stressful.

We're here to help

To find out more about the legal aspects of divorce and separation, please call us on (02) 8843 1343 or send a message via our contact page.