top of page

divorce/separation

how do I apply for a divorce

Married couples need to be separated for 12 months before they can apply for a Divorce. Determining the date of separation can sometimes be challenging, as one party to the marriage may not agree on the date of separation, or separation has been a gradual process with both parties remaining living under the same roof. As such, it is important to record the date of separation. This can be in the form of an email or text, which shows the date of separation.

For separation to be established, at least one party to the marriage needs to have communicated their intention to end the marriage to the other party. Some of the factors that will determine separation include:
                         - Financial affairs between the parties
                         - Intimacy        
                         - Living arrangements
                         - Communication of the separation to family and friends; and
                         - Support of any children.  
 
A divorce order does not address any parenting or financial matters between parties. A divorce will only terminate the marriage between parties. Therefore, it is important to seek legal advice shortly after separation to ensure you do not miss the time limits for making an application for parenting and/or financial settlements.

Smoke Family Law can assist in filing your Application for Divorce. We offer a flat fee of $1,000 (Excl. GST & disbursements and Court filing fees). Call our experienced lawyers today for your initial consultation on 0499 004 555.

De Facto Relationship

Section 4AA of the Family Law Act 1975 defines a defacto relationship as persons who are not legally married to each other, are not related by family, and having regard to all the circumstances of their relationship, have a relationship as a couple living together on a genuine domestic basis.

The Court will consider a number of factors in determining whether the relationship is considered a defacto relationship under the Act,  in circumstances where the relationship has broken down, and the parties required the Court to determine the financial dispute between them. These factors include:
                          - The duration of the relationship
                          - Nature and extent of common residence
                          - Whether a sexual relationship exits
                          - The degree of financial dependence or interdependence
                          - The care of any children; and
                          - The ownership, the use and acquisition of their property.

If you were in a defacto relationship, you have two years from the date of separation to file an Application with the Court for a property settlement. Difficulties can arise with filing an Application for a property settlement outside of this time limit.

If you are looking for an experienced lawyer to assist you with your property settlement, call Smoke Family Law on 0499 004 555.
               

 

bottom of page