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Separation signifies the end of a relationship while divorce is the formal undoing of your marriage. Our team assists by providing expert guidance, and ensuring you understand the nuances of each.
Separation under one roof (that is, continuing to live together after you’ve agreed to separate) is becoming increasingly common but you must make certain changes to your day-to-day life so you can prove, in the eyes of the law, that your relationship ended when you intended it to.
Divorce is the legal process for undoing your marriage. Your divorce has no bearing on your property division or parenting arrangements. However, if you are not able to reach agreement with your ex about the division of your matrimonial property, you only have one year after your divorce becomes final, to make an Application to the Federal Circuit and Family Court of Australia for a property division.
If you are married, you must be separated for 12 months before you can apply for a divorce (this includes being separated under one roof);
You only have one year after your divorce becomes final to make an Application to the Court for a property settlement or spousal maintenance. After this, you have to ask for the Court’s permission which is not always given
If you are in a de facto relationship, you must make any Application to the Federal Circuit and Family Court of Australia for a property division within 2 years of your separation.
Sometimes post separation contributions have substantial significance in your property division.
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Gadigal Land
