Divorce and Separation

The Family Law Act of 1974 removed fault as a requirement to be proved for the granting of a divorce. To obtain a divorce today, a separated spouse need only show that a marriage has broken down irretrievably.The only evidence required that a marriage has broken down irretrievably is separation for no less than 12 months.

Parties must live separately and apart for at least that 12 months. It is possible for separation to take place under one roof and, conversely, it is possible for parties to not be considered separated even though they live apart. We can assist you with formalising separation and assisting with the sometimes complex issues arising from an application for divorce.

There are a lot of things that must be considered in any separation. For example your existing will may remain valid until divorce despite the fact that you are separated. Who has control of the assets of the relationship? Do special arrangements need to be put in place for your children? Are there any orders concerning domestic violence needed?

We know the issues which can arise and we can help you avoid a lot of the pitfalls.

If you have any queries or think we may be able to help please contact our Simon Pattison on 07 3221 8655 or mail@ellisonmoschella.com.au.