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Unfortunately, almost half of all marriages will end in divorce.
 Separation
Separation is a challenging time for anyone who has gone through it. Most people say it is the worst time of their lives. Grief, shock, denial, anger, sadness, depression and confusion are just some of the emotions felt during this time. It is important to recognise that these feelings are normal.
Many people who have experienced separation talk about the benefits of speaking with their friends and families about their thoughts and feelings. There are many community organisations and professional people trained to assist you and your children to adjust to the changes separation brings.
If you are contemplating a separation it is important to keep in mind:
- Where will your children live and who will take care of them?
- How will you support yourself and your children financially?
- How will bills be paid and who will be responsible?
- Who will stay in the house and what arrangements need to be made to pay the mortgage or rent?
- What will happen to any joint bank accounts, credit cards etc.?
- What will happen to the house, cars, furniture and other property?
Where there are no concerns for personal safety, it is very important that you and your former partner are able to talk to each other. It may take some time to finalise all of your parenting and property affairs. It is important that in the meantime, short-term arrangements can be made about practical issues involving your children’s living arrangements, your finances and property.
Getting Help
If you are considering a separation, it is important to seek legal advice from a qualified Family Lawyer. We can advise you so that you can begin the process knowing where you stand.
The following organisations provide family counselling and mediation services which may be of assistance to you:
Family Relationship Centre (Interrelate): 4363 8000
Relationships Australia: 1300 364 277
Salvo Care Line: 1300 36 36 22
Unifam Gosford: 4325 9666
Divorce
Divorce is the term many people think of when a marriage comes to an end. In reality, divorce is one of the last steps to be undertaken after a married couple separates. Whilst divorce marks the legal end of a marriage it does not resolve:
Divorce is a formality to be considered once the living arrangements for children and the division of property and maintenance issues have been resolved.
The Federal Magistrates Court of Australia is the Court that usually hears divorce applications. The Court might not grant a divorce unless it is satisfied that appropriate arrangements have been made in respect of the care of children.
In Australia, either party to a marriage may apply for a divorce. For a divorce to be granted the Court must be satisfied that the marriage has irrevocably broken down and that the parties have been separated for at least 12 months.
Once your divorce is granted, if your property and maintenance affairs have not been finalised in a legally-binding way within 12 months of the date that the divorce comes into effect, an application for the Family Law Courts to make such Orders cannot be made without first seeking leave (or permission) of the Court to do so.
It’s very important that you seek legal advice if you are contemplating a divorce.
Further information about divorce may be obtained from the Federal Magistrates Court of Australia.
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