Separation does not always lead to divorce, but it does dramatically change your circumstances. There is no formal document that must be signed to confirm that you have separated. “Separation” happens when at least one person communicates to the other party that the relationship has ended and that both parties will no longer live together as husband and wife, or as de facto spouses. Parties can separate by one person moving out of the home, or you can be “separated” under one roof, so long as you are both leading separate lives.
If you are intending on separating, or if you have separated, it is important that you obtain legal advice to ensure that you know and understand your rights, responsibilities and entitlements.
It is possible to come to an agreement in relation to the division of your matrimonial assets and the custody of your children before being divorced.
For further information or for a free no obligation quote or consultation, please contact us today.
Parties to a marriage or civil union must be separated and living apart for a continuous period of more than 2 years before making an application for a dissolution of their marriage.
People who want to remarry need to divorce their ex-partner before they can legally marry their new partner. Once a divorce is granted, it becomes final or “absolute” one month after the order has been made in Court, unless there are special circumstances to vary this.
Our team is experienced in dealing with divorce and separation matters. We will prepare all the paperwork necessary and file your application in the Family Court.
For further information or for a free no obligation quote or consultation, please contact us today.