Australian divorce law can be complex and divorces are not always simple, but understanding these aspects of Australian divorce law can equip you to manage your divorce a little easier.
The more you know about these nuances, the more empowered you will be when deciding whether or not to separate, or whether or not to enter the throes of a divorce.
1. NO-FAULT DIVORCE
In Australia, ‘no fault’ divorce just means that the court doesn’t care who is to blame for the breakdown of the marriage. Divorce is only on the basis of the irretrievable breakdown of the marriage, for which there must be 12 months continuous separation. It’s not about fault and it’s about getting on with it.
2. SEPARATION UNDER ONE ROOF
You might be surprised to learn that even if you and your spouse still live together you can be considered separated. In this arrangement, you will need to supply evidence that your relationship has ended because you will be sleeping in different rooms, spending your own money, and changing the household chores that you previously had.
3. PROPERTY SETTLEMENT
In property settlement, your assets and liabilities are divided. The court’s objective is to divide equally between the parties with regard to their contributions (financial or non-financial) as well as future demands. This includes factors like age, your health, income and caregiving responsibilities.
4. SUPERANNUATION SPLITTING
In Australia, superannuation, or retirement funds, are considered to be property. That means that you and your spouse can split it as part of your property settlement. This is a special aspect of Australian divorce law that can have huge impact on your own financial future.
5. SPOUSAL MAINTENANCE
If you can’t yourself adequately after separation or divorce, you may be eligible for spousal maintenance. When the court decides whether to award maintenance, it considers your needs and your spouse’s ability to pay.
6. CHILD CUSTODY AND PARENTING ORDERS
In custody arrangements, the court’s primary consideration is the best interests of the child. Under the law, only situations in which there are safety concerns favor arrangements that allow children to have some kind of meaningful relationships with both parents. Parenting orders can also set out where your child will live, how you will communicate, and other important things relating to your child’s care.
7. DE FACTO RELATIONSHIPS
In Australia, de facto relationships, including same sex couples, have the same property and financial rights and responsibilities as a married couple. The relationship usually has to have been going on at least two years, unless there are children or other contributions involved.
8. FINANCIAL AGREEMENTS
Pre and post nuptial agreements, otherwise referred to as binding financial agreements are agreements made between couples before or after the relationship begins that determine what will happen with their finances if the relationship ends. Agreements such as these must comply with certain legal standards to be enforceable and thus give clarity and all round protection to both parties.
9. COURT PROCEDURES
The Federal Circuit and Family Court of Australia deal with divorce applications. If disputes over children or property develop then common applications and even court hearings may be necessary. You can understand the court procedures to prepare what comes next.
10. MEDIATION AND DISPUTE RESOLUTION
Couples are usually asked to try mediation or other dispute resolution before going to court. These processes attempt to minimise conflict and reach agreeable arrangements concerning children and property with a more satisfactory result for all concerned.
We know that divorce is about more than a legal process – it’s a life transition and at Richardson Murray Family Law, we are here to help you. Our experienced family lawyers in Brisbane and the Gold Coast will take the time to help you through this difficult time with clarity and confidence. If you’d like a free consultation on family law matters, us today and check out our blog for more.
What You Need To Know About Divorce
CAN WE BE CONSIDERED SEPARATED IF WE STILL LIVE TOGETHER?
Yes, you can be considered separated if you live under the same roof. You will have to prove that you are no longer in a relationship, for example that sleeping arrangements have changed and that you are financially independent.
HOW IS SUPERANNUATION DIVIDED IN A DIVORCE?
Superannuation is property and can be divided between you and your spouse. This has nothing to do with children particularly and is part of the overall property settlement process and is to see that each of the parties receive fair share.
WHAT HAPPENS IF MY SPOUSE AND I CANNOT AGREE ON A PROPERTY SETTLEMENT?
If you can’t work out an agreement, then you may have to take it to court, which will leave it to a judge to make a just and equitable division of property taking into contributions and future needs.