Separation and Divorce

Separation occurs when a couple decides to live separately and apart from each other, with the intention of ending their marriage. This can be an emotional and difficult time for both parties, as they must come to terms with the fact that their relationship is over.

The next step is divorce, which is the legal process of ending a marriage. In Australia, a couple can apply for a divorce after they have been separated for at least 12 months. They must also satisfy the court that the marriage has irretrievably broken down, which is usually shown by providing evidence that they have lived separately and apart for the required period of time.

To apply for a divorce, the couple must complete and file an application with the Federal Circuit Court of Australia. They must also pay a filing fee, which can be reduced or waived in certain circumstances. If there are children of the marriage, the couple must also provide information about their arrangements for the care and welfare of the children.

Once the application has been filed, the court will review the documents and, if satisfied that the couple meets the requirements for divorce, will grant a divorce order. This order takes effect one month and one day after it is made, and the marriage is then officially ended.

It is important to note that divorce only deals with the legal aspect of ending a marriage, such as property settlement and spousal maintenance, and does not deal with arrangements for children. The couple must make separate arrangements for the care and welfare of any children of the marriage, either through negotiation or through the court system if necessary.

If you’re getting divorced, we will represent your interests in negotiating an equitable settlement with your spouse or former spouse. Our family divorce lawyers will help you establish child support amounts, spousal maintenance amounts, property division agreements and other financial issues related to divorce proceedings.

At Knap Lawyers, we also provide clients with general family law advice. If you have questions about divorce mediation or if you need assistance with dissolving a domestic partnership, our family lawyers can help. We offer help regarding the dissolution of civil unions and domestic partnerships as well. Contact us today!