We’ve decided to Separate.What happens next?

02

On top of the day to day practicalities, like where

you’re going to live and who will have primary care of

the children, you may also need to consider the legal

and financial ramifications.

Separating from a long term partner is rarely easy

03

Have you considered all your options?

Sometimes the decision to separate is made

without trying to work through or resolve the

source of conflict in the relationship.

There are many counselling and mediation

services available that can assist you.

By exploring the different options and working

through some of the emotional issues, you can be

more certain that the decision to separate is what

you really want.

There is no way to register a separation, which is

seen under Australian law as bringing a marriage or

de facto relationship to an end.

However, it’s a good idea to make sure that you can

demonstrate that the separation was effected on a

particular date, by putting it in writing.

04

How to legally separate

1. One or both parties must intend to sever the

relationship and actually communicate their

intention to sever the relationship to the

other;

and

2. The parties must physically separate. This

can be done by moving to separate

bedrooms in the home and cutting financial

ties between you.

05

Separating under one roof

If you are separating under the one roof, you will need to satisfy two conditions:

06

After separation there are 3 Issues to address

Children

If children are involved,

you will need to decide

on parenting issues

such as child custody,

access and child

support obligations.

Property Settlement

Dividing the assets and

debts, deciding whether

spousal maintenance

will be paid, dealing

with any real estate and

finalising any other

financial issues.

Divorce

For married couples,

although there is no

need to formalise your

separation by obtaining

a divorce, you can file

for divorce after one

year of separation.

This includes the financial care (child support)

and day-to-day welfare of your children.

These issues can be negotiated privately

between the partners and set down in formal

agreements such as

• Child Support Agreement

• Parenting Plan

You also have the option of obtaining Consent

or Court orders.

07

Taking care of the children

Property Settlement refers to the division of

assets and liabilities between the partners.

You can finalise finances and property

division at any time after separation.

Married couples do not need to wait until they

are divorced to settle property matters.

08

Property settlement

09

There are 4 ways to divide property

1. An Informal Agreement

You can make an informal verbal or

written agreement, essentially shaking

hands and going your separate ways.

But these types of agreements are

NOT legally binding and will not stop

either party from applying to the Court

at a later date.

2. Binding Financial Agreements

A special type of agreement, recognised by the

Family Law Act, as a legally binding alternative to

Court action.

They’re an attractive option for parties wishing to

formalise their property settlement privately,

avoiding the Court system.

Financial agreements do not need to be

approved by, or filed with, the Family Court in

order to be effective.

10

3. Consent Orders

If you agree about how to divide your assets

and liabilities, you can submit the details of

your agreement to the Court by way of an

application for consent orders.

The Court will review your proposed

settlement and if it is satisfied that the

arrangement is just and equitable, it will

consent to your agreement.

11

4. Court Orders

This avenue is usually a last resort for

couples who are unable to reach any

agreement.

It takes the final outcome out of your

hands and allows the Court to make a

decision about your property and /or family

issues.

This path is expensive, time consuming

and stressful.

12

Depending upon the Property

Settlement option you choose

there may be limits imposed by the

law.

Binding Financial Agreements are

the exception – there are NO time

limits for this option.

12

Time limits

13

Want to know more about

dealing with the practical issues

of Separation and Divorce?

Download our

Free eBook today

15

DiY Legal Kits by RP Emery and Associates – Solid Legal Protection without the Expense

Go to www.rpemery.com.au or Call us on Freecall 1800 608 088

Need more information?

We consider it our job to de-mystify the law and legal contracts.

We firmly believe that there are many times in life where you can enjoy the protection of a well

written legal contract without spending a fortune in legal fees. Because of this, our aim is to make

it easy for you to solve common legal issues that crop up in life.

We have been at the forefront of a movement to make legal services more affordable for average

Australians by providing tools and back up support that empower people to take control of their

own legal matters.

Knowledge is power and even more so when it comes to legal matters.

16

About Us