Separation & Divorce FAQs - What Do I Need To Do?
What does the law consider to be 'separation'?
In the eyes of the law, separation is when one partner has communicated that the relationship has ended to the other. Alternatively, separation occurs when both parties have agreed and consented that the relationship is over.
Importantly, you do not need to live separately to be separated.
Please see the frequently asked questions below relating to separation and divorce or please call our office on (07) 5532 3199 to arrange an initial conference.
How and when can I apply for Divorce?
If you have been separated for at least 12 months, you can apply for a Divorce.
To apply for a Divorce an Application for Divorce must be filed with the Federal Circuit Court of Australia.
We can assist with this process and answer any questions regarding Divorce. Please call our office on (07) 5532 3199 to arrange an initial conference.
How are Bank Accounts, Property and Assets Divided?
There are two ways that property can be split. You and your ex partner can either agree on how the property should be split or the property can be split by a determination of the Court.
We recommend you meet with us before you do or say anything to your ex partner.
We can also provide advice about whether a proposed agreement is fair to you.
We can assist with property settlements and answer any questions regarding property settlements. Please call our office on (07) 5532 3199 to arrange an initial conference.
What happens if one party doesn't agree?
It is not uncommon for parties not to agree on a property settlement. If the parties do not agree, and all the Alternative Dispute Resolution avenues have been used with no sign of an agreement , the parties will have to go to Court for a final determination.
The Court will consider many factors in making a determination and these are often unique to each situation. There is no set rule that determines how the property will be split.
Some of the issues the Court may consider include:
- the financial and non-financial contributions made either party directly; and
- what property the parties came into the relationship with.
In relation to the care of children please see the FAQ section relating to Children.
We can assist with this process and answer any questions regarding the Court process. Please call our office on (07) 5532 3199 to arrange an initial conference
Spousal Maintenance is separate from child support, and is a once off payment or ongoing payments from one party to the other for living expenses.
There is no automatic entitlement to Spousal Maintenance. Spousal Maintenance must be obtained by an agreement between the parties or by a Court order. Spousal Maintenance will only be ordered by a Court if the Court can be satisfied that:
- The Applicant’s income and income earning capacity are unable to meet their reasonable living expenses: and
- The Applicant’s ex partner’s income and income earning capacity, taking into account the ex partner’s reasonable living expenses, can reasonably provide financial support to them.
We can assist with Spousal Maintenance and answer any questions regarding Spousal Maintenance. Please call our office on (07) 5532 3199 to arrange an initial conference.