When you separate from your partner a key issue for most people is if, and when, they should file for a divorce.
In Australia there is a “no fault” divorce system in operation. The only grounds on which you can apply for a divorce is irreconcilable differences which is demonstrated by 12 months separation.
Only if you want to re-marry. Many people choose not to apply for a divorce after they separate.
You do not need to apply for a divorce in order to divide the property of the relationship and to make appropriate arrangements for the children. In fact it is usually best to settle those issues as soon as possible after separation.
There are strategic legal reasons to divorce, including for the purposes of estate planning, property settlement matters, or to send a clear message that the relationship is over.
Our Family Law Team understand that the personal choice to make an Application for Divorce (or not) can be a difficult one.
We support our clients so they can make an informed decision on this important issue.
Our Family Law Team at Corney & Lind Lawyers can assist you with all matters relating to divorce, including:
It is important to remember that once you are divorced there are time limits on dealing with the property of the relationship. You must either finalize your property matters or make an Application to the Court for property orders within 12 months of the divorce.
If you do not, you will likely have significant difficulty obtaining a just and equitable division of the assets of the relationship.
It’s important that you have good legal advice about your options and the potential consequences of those options. We can help with that.