Divorce and Separation

Obtaining a divorce or ending a relationship can often be an emotional experience, especially where children are involved.

A divorce is the legal dissolution of your marriage. Prior to obtaining a divorce you will be required to satisfy the Court that you and your spouse have lived separately and apart for at least twelve months with there is no reasonable likelihood of resuming the marriage. This timeframe still operates where you are separated under the one roof.

You may apply for a divorce in Australia if either you or your spouse:

• Regard Australia as your home and intend to live in Australia; or
• Are an Australian citizen by birth, descent or by grant of Australia Citizenship; or
• Ordinarily live in Australia and have done so for twelve months immediately before filing for divorce; and
• You and your spouse have been living separately and apart for twelve months preceding the application (this can occur under the one roof).

Divorce only relates to married couples. The concept of separation however applies to all couples and is also a wide concept that covers more than just the act of separating or the breakdown of the relationship.

Our family law team at MA Legal provides not only professional family law advice on your rights and obligations on separation, but also guidance during this testing period. This includes addressing property division, superannuation splitting, maintenance as well as children’s time arrangements and residence.

We recognise that separating couples also require other support services and networks. We maintain close relationships with counselling services, accountants and financial advisers to ensure that you have the right kind of support when you need it.