Understanding Divorce and Separation in Australia

Yes, it is possible to separate while living under one roof, and this is recognised under Australian law. This arrangement may arise due to financial constraints or the needs of children. To prove separation under one roof, evidence must be provided, including:

• Separate living arrangements (e.g., separate bedrooms or lack of shared activities).
• Financial independence, such as maintaining separate bank accounts or handling individual expenses.
• Statements from third parties, such as friends, family, or professionals, who can attest to the separation.

The court may require an affidavit to support the claim of separation under one roof.

In Australia, superannuation is treated as property and is subject to division during divorce or property settlement. This includes:

• Valuing superannuation accounts, whether they are accumulation or defined benefit schemes.
• Considering contributions made by each party during the relationship.
• Assessing the future needs of each party, such as age, health, and income-earning capacity.
• Reviewing the duration of the relationship to determine a fair division.

Superannuation splitting can occur through agreements between parties or by court orders. Legal and financial advice is often recommended to ensure compliance with relevant laws and to facilitate a fair settlement.

Separation occurs when one or both partners in a relationship decide to end the relationship and no longer live together as a couple. Divorce, on the other hand, is the legal termination of a marriage, which must be applied for through the Federal Circuit and Family Court of Australia after meeting specific requirements, including 12 months of separation.

To apply for a divorce in Australia, you need to:

• Complete an online divorce application through the Commonwealth Courts Portal.
• Provide evidence of 12 months of separation.
• Pay the applicable filing fee, unless you qualify for a fee reduction.
• If children under 18 are involved, the court will need to be satisfied that proper arrangements have been made for their care before granting the divorce.
  A lawyer can assist in ensuring that all requirements are met and the application is correctly prepared.

Yes, parenting and financial agreements can be made at any time during the separation process. These agreements can be informal or legally binding. Formalising agreements through a Consent Order or Binding Financial Agreement ensures enforceability and clarity for both parties. Legal advice is recommended to ensure the agreements comply with Australian family law.

Property settlements aim to achieve a fair and equitable division of assets and liabilities. Factors considered include:

• The value of all assets, liabilities, and superannuation.
• The contributions of each party, both financial and non-financial.
• The future needs of each party, including age, health, income, and care responsibilities for children.
  If an agreement cannot be reached, the matter may proceed to court for a decision.

Yes, divorce is a separate legal process from property settlement and parenting arrangements. However, there is a 12-month time limit after the divorce is granted to finalise property matters, unless special permission is obtained from the court to extend this timeframe.

Yes, you must be separated for at least 12 months before applying for a divorce. This period can include time living under one roof, provided evidence of separation is available.

No, you cannot remarry until your divorce order becomes final. In most cases, the order becomes final one month and one day after the divorce is granted by the court. It is important to plan your remarriage accordingly.

Australia’s no-fault divorce system means that your spouse does not need to agree to the divorce. If the other party does not respond or refuses to participate, you can proceed with a sole application, provided you meet all the legal requirements.