Divorce and separation

Going through a divorce or separation can be an emotional and challenging time. We are here to assist you through the process with sensitivity and compassion.

Whether you are separating from your de facto partner or your married partner, there are a great many decisions that you will need to make, such as those concerning your financial future, your living arrangements, the division of property and arrangements for children of the relationship. This can be a distressing time and seeking legal advice at this point may help you to understand the issues involved and your legal rights and obligations.

Under the Family Law Act, you have grounds for divorce if your marriage has broken down, there is no prospect of a reconciliation and you have been separated for at least 12 months. The court does not need to consider why your marriage has broken down - it just needs to be satisfied that this is the case and that you and your spouse have lived “separately and apart” for not less than 12 months.

Living separately and apart can include living separately under one roof. You can make the application for divorce on your own, or you and your spouse can apply together. When there are children under 18 involved, information about their care and financial support must be included in your application, as the court will need to be satisfied that proper arrangements have been made for them. Those arrangements can be informal or by order of the court.

Bear in mind that obtaining a divorce will only confirm that you are no longer legally married and are free to remarry. It will not determine important matters such as your financial future, the division of property, or arrangements concerning children. However, it may affect the provisions of your will and you should obtain legal advice in relation to your estate planning.

Stacks Law Firm can advise you on the process and your legal rights in relation to separating from your partner or spouse, or divorcing your spouse. We know that this is a challenging time and will approach your matter with the utmost sensitivity and professionalism.