Divorce Guide

Divorce Guide

Legal Separation And Divorce in Australia

When considering the Australian context, legal separation is a court decreed right you use to stop living with your spouse or partner possessing the rights and obligations like a divorced person. In this case, your status as a married person is still intact which means that your marriage is not dissolved. In such a case, you cannot remarry and you are also given the right to request for child custody, alimony, child support, etc. similar to a divorce case. The concept of legal separation is not there in the Australian family law. However, separation is acknowledged in the Australian divorce laws.

Divorce in Australia

In case of divorce, your marriage is dissolved and your married status is changed to single and you can remarry. There are issues like child custody, child support, alimony or spousal support, etc are sorted in the course of a divorce.

Separation in Australia

Separation according to Australian divorce laws is the period a couple stays away from each other in domestic relationship (De facto) or a marriage. In such a case, you may decide to get separated from your partner and when your decision is final, you can act on it. Your partner must be informed about the decision of separation. You can shift your residence or separation under single roof is also possible.

Separation under one roof

This is the condition in which you live in the same house with your partner and still lead a separate life. Some to be kept in mind for separation under the same roof are:

  1. You do not hang out with or have any social life wit your partner.
  2. You sleep in separate bedrooms
  3. Your finances are separate
  4. You cook and eat separately

You will need witness who can come in the court and give evidence about your separation. This will be the proof of your separation though under one roof. Separation is counted from the start of the 12-month separation period in case of a married couple.

Separation in De facto relationship in Australia

Separation in marriage and De facto relationship are similar in Australia. In case of De facto relations, the separation period is counted from the date you counted your settlement in terms of property issues seeking the help of the family court.

Separation as a part of divorce in Australia

Separation is one of the basic requirements for divorce in Australia. You may ask for a divorce in Australia after you have completed the separation period. You may take help and counseling and avoid getting a divorce while you are undergoing the period of separation.

Separation and divorce in Australia are two different processes. Separation is a part of the divorce process in Australia. It is one of the stepping-stones for the divorce process and makes the couple ready to live life after divorce in Australia.

Divorce in Australia

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Child Support in Australia
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