FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE
What is a Divorce?
It is the legal process of ending a marriage, where the parties to the marriage receive an Order from the Federal Circuit and Family Court of Australia (“FCFCOA”), signifying the dissolution of the marriage. A divorce enables parties to remarry.
What is the difference between separation and divorce?
Separation is when a couple decides to end their relationship. Separation can occur when couples are married, in de facto relationships or ‘dating’. For couples who are married, being separated does not affect your marital status. Being divorced is the legal dissolution of a marriage.
What can separation look like?
During periods of separation, some couples decide to separate but remain living under the one roof. This can be for many reasons, including maintaining stability for children, or because they are not able to move out of the home that was previously shared by the couple (just to name a few).
Couples who are separated under the one roof live separate lives, generally sleep in separate bedrooms and do not maintain a sexual relationship.
Other couples who separate might opt for physically separating, with one party leaving the residence which was previously shared.
How long do I need to be separated until I can get divorced?
Couples must be separated for a minimum of 12 months and one day before applying for a Divorce. For example, if you separate from your spouse on 30 June 2025, you can file an Application for Divorce in the FCFCOA on 1 July 2026.
Am I instantly Divorced after the Court makes the Order?
The simple answer is no. A Divorce Order is made final 1 month and 1 day after the Divorce Hearing.
The mythical 60/40 rule – Is it reality?
In short, no. The court takes into consideration the following factors:
1. What is the asset pool and what are the liabilities;
2. What were the financial, non-financial and homemaker/parenting contributions of each of the parties;
3. What are the future needs of each of the parties;
4. What is an outcome that is just and equitable in all of the circumstances.
There is no assumption that parties will achieve an outcome which is equivalent to a 60/40 division of the asset pool.
At Streeterlaw, we are able to assist you in preparing your Divorce Application or provide assistance generally with your family law enquiry. Contact our office today on (02) 8197 0105 or by email to contact@streeterlaw.com.au so we can assist you with the next steps.
