Australia’s divorce laws are based on a no-fault principle. Before a divorce can be granted, you need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible, however, to live together in the same home and still be regarded as separated.
At Mitchells Solicitors we understand that the process of obtaining a divorce can be a traumatic event in your life. We are able to help our clients through this difficult time by handling this process with compassion and efficiency. We can also respond to your spouse’s unwanted divorce application.
When proceeding with your divorce you will need to make separate arrangements to resolve any property matters and care arrangements for any children.
You have one year from the date of your divorce to make an Application to the Court for a property settlement. However, we recommend that all property matters between you and your partner be finalised as soon as possible following your separation.
De Facto Law
Generally the law defines a de facto relationship as one where the couple have been living together in a marriage-like relationship for at least 2 years. This includes same sex couples.
Since 2009, when the law changed, de facto property settlements have been dealt with in exactly the same way as property settlements for divorced or separated married couples.
If your de facto relationship breaks down, you have 2 years from the date of separation to commence Court proceedings relating to a property settlement.