DIVORCE

Parties may apply for a divorce once they have been separated for at least 12 months.  This is typically a separate process and often comes after applying for parenting orders or a property settlement.

The process of applying for a divorce order is relatively straight-forward, although there are some technical requirements to be aware of.

After a divorce order takes effect:

• The parties are free to re-marry.  

• Each of the parties generally has 12 months to apply for a property settlement or spousal maintenance.

• The divorce order affects wills and estate planning.  

We are often requested to make divorce applications on behalf of our clients to ensure a smooth and hassle-free process.

De Facto Relationship Breakdown

What is a de facto relationship?

Under the Family Law Act, a couple will be considered to be in a “de facto relationship” if they are living together on a genuine domestic basis.  

In determining this question, the Court will have regard to a number of factors, such as the duration of the relationship, the nature and extent of any common residence, whether there is intermingling of finances, the existence of any sexual relationship, the care of children of the relationship and the degree of commitment to a shared life.

Am I entitled to a property settlement or spousal maintenance if my de facto relationship breaks down?

De facto relationships are now treated much the same as marriages in Australia, although there are some differences.  

A party to a de facto relationship which has broken down generally has two years to apply for a property settlement or spousal maintenance.  However, there are some threshold requirements which first need to be met.  Most commonly, the parties must have been in a de facto relationship for at least 2 years or there must be a child of the de facto relationship or the applicant must have made substantial contributions and would suffer serious injustice if orders were not made. 

Parentage matters in same sex de facto relationships

There are presumptions of parentage arising from legislation and case law which affects parents in same sex relationships, including those who use reproductive technology, surrogacy and adoption arrangements.  We can help couples navigate these issues.