To apply for a divorce you must be separated from your spouse for at least 12 months. Separation can occur while spouses are still residing under the same roof, but you will need to provide evidence of this.
Financial agreements (commonly known as a ‘prenup’ or ‘prenuptial agreement’) are financial agreements that set out how a couple’s assets and liabilities are to be divided in the event of separation.
Yes, you absolutely can do a financial agreement if you are already married! It is a common misconception that financial agreements must be prepared before marriage. A financial agreement made during marriage will set out how your assets and liabilities are to be divided in the event of separation.
A property settlement is the process following separation where property and financial resources are divided between parties. “Property” includes a range of assets and liabilities including real estate, cash, investments, debts, superannuation and more.
This can be formalized by way of a financial agreement or Court orders.
In Australia there are specific time limits for applying for a property settlement.
If you exceed these time limits you will need to ask for permission from the Court to issue your application out of time.
There is no set rule on who the children must live with after separation, and this is highly dependent on your specific circumstances and what is in the best interests of the children.
The family law seeks to prioritize the best interests of the children so, where possible, the Court will look to ensure the children have the benefit of both of their parents in their lives. However, in circumstances where your children may be at risk, contact restrictions may be put in place. This might be, for example, requiring contact to be supervised.