Written by Harry Papadopoulos
You want a Divorce – what do you mean?
People often say that they want a divorce but may not know what that really means. Do they want to no longer be legally married to a person (in which case they need to apply for a divorce) or have they separated and want to divide up the couple’s assets, so that each can go their own way (in which case they really want a property settlement).
If you no longer want to be legally married to someone (your spouse), you need to apply for a divorce. You cannot apply for a divorce unless you have been separated for at least 12 months.
There are special laws for couples who have not been married for at least 2 years, for couples who have separated but have lived under the same roof, for couples who have children and so on. You need proper advice to know where you stand, when you can apply for a divorce and what you need to do.
Whether or not you want a divorce, you can apply for a property settlement as soon as you and your spouse have separated. You can also apply for a property settlement if you and your de facto partner have separated.
Some people, once they separate, prefer to divide their assets and liabilities themselves, without seeing a lawyer, whether to save on legal costs or for other reasons. If this happens and your property division is not properly documented, you cannot protect yourself from your spouse or partner coming back later (sometimes years later) wanting more or wanting to formalise a different property settlement. We can help you properly document a property settlement to protect you from future claims, whether whilst you are alive or after you have passed away.
Child Support, Parenting Arrangements and other Consequences of Separation
There are many more considerations when 2 people separate including tax considerations.
Contact us to see how we can assist you.