Separation occurs when one or both partners decide that their relationship is over and there is no possibility of them resuming a relationship with their partner. Separation can occur while living under the same roof, and can include:
- Separating finances
- Separating household chores, such as doing your own laundry and cooking for yourself
- Sleeping in separate bedrooms
- Informing family and friends that you are no longer together, and not presenting as a couple during social events
What Is Divorce?
Divorce is an order made by the Court which is governed by the Family Law Act 1975 (Cth). To obtain a divorce order, couples must have been separated for at least 12 months and one day. Your solicitor will submit an application to the Court for a divorce. If you have been living separated but under the same roof at any point in time in the last 12 months and 1 day, you will need to provide an additional Affidavit from yourself and a witness (Affidavit of Separation Under the Same Roof). Once you submit the divorce application and any additional documents (for example, your marriage certificate), you will receive a hearing date. If the Judge accepts your application, a divorce order will be made, and your divorce will become final one month and one day after the date of the divorce order.
Why Legal Advice Is Important?
At time’s, divorce applications can be dismissed or appealed if any dates or facts are incorrect. Accordingly, it is important that you speak with a Family Lawyer who can assist you with your divorce application.
Speak With Our Family Law Team
To speak to one of the members of our Family Law Team, please call 1300 557 819.
