Reaching the decision to leave your partner, wife or husband was probably not easy. However, when you know it’s time to say your goodbyes, you are ready to make the move and get on with your life. Before that can happen you need to go through a separation and if you are married a divorce.
Separation and Divorce
Because there are two components to these situations, it can be hard to know what you need to do and how each one will impact your family.
The main difference between a separation and divorce is the timing. Separations happen immediately you decide to leave and tell your spouse that you no longer want to be married. To separate, you are not required to move out of the family home. You only have to make the decision that you no longer want to be in the relationship and tell your spouse.
The same applies for a de facto relationship. You do not have to leave the family home but must tell your partner that the relationship has ended.
To apply for a Divorce you must have been separated for at least 12 months. During that time, while you are separated, you and your lawyer will work towards finalising the property and parenting issues of the marriage. This includes looking at items such as:
- Living arrangements
- Spousal support
- Property settlements
- And more.
Fortunately you do not have to wait to be divorced before commencing the process of negotiating property and parenting issues.
After 12 months of separation you can apply to the Family Court for a Divorce Order.
A Family Lawyer Can Help You Navigate the Process
There is a lot to take in during this emotionally difficult time. Talking to a family lawyer can help you navigate the system so that you are able to reach the most fair and equitable resolution for your case.
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