Today, the first step when a relationship breaks down is “separation.” Unfortunately, many couples are clueless about what separation truly means under Australian family law. Understanding how the separation rules in Australia work is crucial for you and your partner are considering:
- Divorce
- Property settlements
- Parenting arrangements
In this guide, you’ll discover the key rules and how they work.
Understanding the term “Separation”
Before talking about the separation rules in Australia, let’s start by understanding what “being separated” truly means. The Family Law Act 1975 says separation occurs when one or both partners decide the relationship has ended.
If only one person made the decision, it must be communicated to the other party. However, for separation to occur, the decision to end the relationship doesn’t have to be agreed to by both parties. Furthermore, separation can occur even when you and your partner still live under one roof.
But in all these, the date of separation is crucial. It marks the start of your legal timelines for property settlement and divorce.
Understanding the 12-Month Separation Requirement
One of the key separation rules in Australia is the 12-month separation window. Meeting this requirement is crucial before you can apply for divorce. This includes:
- You must be separated for at least 12 months and 1 day before being eligible for a divorce.
- Reconciliation for less than 3 months still counts towards the 12 months.
- Disputes regarding the separation date require you to present evidence. This includes:
- Living arrangements
- Finances
- Messages
Understanding the Separation Under One Roof Situation
Today, many couples separate but still live under one roof. According to the Family Law, this separation also stands, provided you can provide the following evidence:
- You and your partner sleep in separate rooms
- You both manage finances separately
- You’ve both informed friends and family about the separation.
- You have statements from others confirming the separation.
Separation for De Facto Relationships
Similar rules apply for couples in a de facto relationship. For you to be separated from your partner, you:
- Must finalise property and parenting matters.
- Don’t need to apply for a divorce
- Must apply for property settlements within 2 years of separation.
Understanding the term “Parenting After Separation”
Another separation rule in Australia you need to understand is that parenting doesn’t change. The key principle is to do things in the best interests of the children. This involves agreeing on the following:
- Where the children will live
- Schooling
- Health care
- How will time be shared?
Lack of agreement means mediation or Court Orders may follow.
Understanding Financial Rules After Separation
You can’t talk about the separation rules in Australia without mentioning the financial impacts. According to the family law, here are some points worth noting:
- Both parties may still have access to joint bank accounts and credit cards.
- Full & frank financial disclosure is a must for any settlement.
- Interim financial arrangements may be created through the Court.
Why Partner With a Legal Expert?
Separation in Australia is not straightforward. Things can quickly become complicated, especially if significant assets or children are involved. By partnering with experienced family lawyers in Sydney, you can easily navigate the entire process without stress.
With experts at EM Family Law, below are a few things you can expect:
- Professional guidance and legal advice. This will help you better understand your rights and obligations.
- Protection for your financial position
- Preparation for divorce or property settlement
- Making legally enforceable arrangements
Bottom line
Are you currently unsure or clueless as to what the separation rules in Australia are? If yes, seeking early legal advice is an effective way to seek clarity.
Experts in EM family law can help you understand the rules, including how they affect property settlement and divorce processes. Visit the official website to request a callback today.
