Understanding the Legal Approaches involved in Separation and Divorce

August 5, 2023
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We understand that separating from a partner can be a challenging time, and that’s why we’re here to help. In this article, we’ll be discussing the legal processes involved in separation and divorce and what you need to know if you’re going through this process

What is Separation?

Separation is the process of two people living apart and ending their relationship. It’s important to note that separation is not the same as divorce. You can be separated from your partner without getting a divorce.

When you separate from your partner, you’ll need to make decisions about how to divide your assets, property, and debts as well as making arrangements for time and care of the children. This can be a complex process, and it’s important to seek legal advice to ensure that your rights are protected.

What is Divorce?

Divorce is the legal process of ending a marriage. The Family Law Act (1975) (Cth) governs this process and requires that before applying for a divorce the relationship has irretrievably broken down and parties have been separated for at least 12 months. In most cases parties will live apart from each other when the relationship has broken down but they can also continue living under one roof while still separated and going through the process of divorce.

To get a divorce order, an Application for Divorce needs to be filed with the Federal Circuit and Family Court of Australia. This application can be done either jointly with the other party or by one party who will then need to serve the filed Application on the other party. The court will usually grant the divorce order without the need for a hearing except where there is a dispute related to the application.

In Australia, divorce is a separate legal process from property settlement, child custody and spousal maintenance. These matters can be addressed either before, during or after the divorce has occurred. This process can involve mediation or negotiation between both sides through legal representatives and where an agreement cannot be reached, through court proceedings. It’s important to seek legal advice to ensure that you understand your rights and obligations.

In Summary

Separation and divorce are related processes, but they are treated separately by the courts. When you separate from your partner or get a divorce, you’ll need to make decisions about how to divide your assets and property. If you can’t reach an agreement, you may need to apply to the court for a property settlement order.

It’s important to seek legal advice to ensure that you understand your rights and obligations during this process. At Meredith Family Lawyers, we have years of experience helping clients navigate this challenging process. Our team of experienced divorce lawyers in Sydney can assist you with all aspects of separation and divorce, including property settlement, spousal maintenance, and parenting arrangements. We understand that this is a difficult time for you, and we’re here to provide you with the support and guidance you need.

For more information on legal processes involved in separation and divorce, please contact our experienced specialist family law team today on 1300 537 306  or send us an email at admin@meredithlawyers.com.au

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