The court must be satisfied that the marriage has broken down irretrievably to grant a divorce order. This requirement is met if the parties to the marriage have lived separated and apart for a continuous period of not less than 12 months before filing the Application for Divorce. This 12 month period of separation can include any time spent living separated and apart under the same roof.

Each family’s situation and circumstances are unique. If you can reach an agreement with the children’s other parent, you can spend as much or as little time with the children as you have agreed. If you cannot come to an agreement, the court will determine how much time you spend with the children by ordering parenting arrangements which it deems to be in the children’s best interests, having closely considered your family’s unique situation and circumstances.  

First, the court determines the asset pool available for possible division. This involves identifying all relevant assets and liabilities, including superannuation.

Secondly, the court assesses the contributions made by each party during the course of the marriage. These contributions can be both financial and non-financial in nature, and can also include contributions as a home maker and parent, as well as other contributions.

Thirdly, the court assesses each party’s future needs to determine if a further adjustment of assets to one of the parties might be appropriate. Such things as a disparity in age, capacity for employment, care of children and health might be relevant considerations.

Finally, the court will make the orders that it considers to be fair and equitable and also determine how the division of assets can be achieved. That is, who keeps what. Often some assets will need to be sold in order to achieve the division of assets determined by the court.

This depends on the individual circumstances of your case. Each case is different and many factors are relevant to determining what you could receive. Your Stacks family law expert can assess your individual matter and provide you with advice on your potential entitlements.

Again, this depends on the individual circumstances of your case. Generally speaking, your costs are likely to be far lower in the event that you can reach a negotiated agreement with your former partner. If you cannot reach an agreement and need to take your matter to court, there will usually be higher costs involved. Your Stacks family law expert can assess your matter and provide you with advice at the very outset on the potential costs you may incur.

The Family Law Act defines a de facto relationship as a relationship where the persons are not legally married to each other, they are not related by family and they have a relationship living as a couple on a genuine domestic basis. This includes same sex couples. A minimum period is not always relevant in circumstances when there is a child of the relationship, or a party to the relationship has made substantial contributions to the relationship and a failure to make orders would result in serious injustice. Where neither of those factors is present, you will usually need to have been in the de facto relationship for at least two years before you would be entitled to apply for a property settlement or spousal maintenance in the event of separation.