Often couples find it difficult to define the date of separation, whilst for others it is clear cut. It is possible to be separated but still living under the one roof. The court will require evidence of this which is provided by way of affidavit about how you arrange your day to day separated lifestyle whilst under one roof including ceasing an intimate relationship, no longer sharing meals or socialising as a couple.
If you have separated or divorced you should update your will, power of attorney and enduring guardianship and change any Superannuation binding nomination that you have previously made in favour of your spouse.
De Facto Relationship
Since 2009, de facto couples across Australia have had similar rights and obligations as married couples, so in many cases, the same rules apply as for any separation or divorce.
When considering whether or not a de facto relationship existed, the courts will look at how long you have been together, the nature and extent of your common residence and whether there is a sexual relationship between parties. Your financial arrangements may also be considered.
A de facto relationship can exist regardless of whether it is same sex or different sex, and even when one of the parties is legally married to someone else or in another de facto relationship.
What is a Divorce?
A divorce is the legal dissolution of a marriage.
Who Can Apply For a Divorce?
You can apply for divorce under Australian law if you or your spouse:
- Is an Australian Citizen by birth, descent or grant of citizenship, or
- Ordinarily lives in Australia and have done so for the year immediately before the divorce, or
- Regard Australia as home and intend to live indefinitely in Australia.
What are the reasons for Divorce?
There are many reasons which lead to divorce. Every case is different with own set of circumstances. Some of the common reasons are:
- Lack of Commitment
Applying For a Divorce
Applications for divorce are usually made to the Federal Circuit Court of Australia. There is a no fault system for divorce in Australia. The only thing necessary to prove is the irretrievable breakdown of the marriage by demonstrating that you have been legally separated for at least 12 months and you meet the eligibility criteria listed above.
It is possible to be separated but still living under the one roof. The court will require evidence of this which is provided by way of affidavit about how you arrange your day to day separated lifestyle whilst under one roof including ceasing an intimate relationship, no longer sharing meals or socialising as a couple.
If the marriage is of less than 2 years duration then you must attend counselling to explore the possibility of reconciliation and a Part F Certificate of Family Counselling, signed by a family counsellor should be attached to your divorce application.
What happens after a divorce?
Once a divorce order has been made you must file any application for property settlement in the court within 12 months of the date the divorce order takes effect.