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When you are going through a separation from your spouse, there are two major concepts that you will probably hear about a lot: property settlement and divorce. So, what do these mean for the end of your relationship, and how should you go about each of these processes?
Marital Status vs Property
Getting a divorce means that your marriage with your spouse is legally recognised as having ended. There are a few steps to getting a divorce (click here to learn more!), one of which is showing that there has been an irretrievable breakdown of the marriage. Once you have applied for and received a Certificate of Divorce, you are no longer considered as married and are free to remarry.
A lot of people when they think of ‘divorce’ think about arguments over who gets what, who has custody of the children and whether things will be split 50/50. However, these considerations are actually all things that relate to property settlement. Decisions about how your assets and responsibilities will be divided, will take into consideration a range of factors under the Family Law Act.
While you do need to apply to Court for a divorce certificate, dividing parenting obligations and property is a separate discussion which can also be achieved without having to Court. By working together in productive discussion with your former spouse with the assistance of a Collaborative lawyer, you can both work together to agree to divide everything between you in what you both deem to be fair, rather than spending unnecessary time in the Court process. This can be achieved by using alternative dispute resolution methods, such as Mediation and Collaborative Practice, which can save money, time and stress for all involved.
At Kalpaxis Legal, we work together with our Collaborative Family Network of professionals to help you reach holistic solutions in your separation proceedings.
Practically for you in moving forward with your separation pathway, the major difference between these two proceedings is how soon you can apply to get things moving once you’ve separated.
When can I get a divorce?
One of the requirements of applying for a divorce is that you and your partner have been separated for a period of at least 12 months. Separation doesn’t have to mean just physically separated, there may be other factors that can be used to prove separation even if you are still living under the same roof. Typically, it will take at least a year to move forward with this process to allow for the dynamics of the relationship to become set before undertaking such a serious change.
When can I commence property settlement?
While you have to wait to move forward with a divorce, a property settlement can actually start as soon as you have separated from your partner. By obtaining legal advice at this early stage, together you can work towards finalising the major decisions about your lives moving forward and what property you are each entitled to. We understand that especially when children are involved and you have to make parenting arrangements, it is important to make these decisions as soon as possible for the stability of the environment for your child.
It is important to obtain advice in relation to matters of divorce and property settlement, and the timeline for each of these processes. The division of joint property is also an important consideration in the breakdown of de facto relationships.
If you would like to discuss your options regarding your property settlement and/or divorce proceedings, please contact us here or give us a call on (02) 8631 8593.[/vc_column_text][vc_empty_space][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/2″][qode_elements_holder number_of_columns=”one_column”][qode_elements_holder_item advanced_animations=”no”][vc_single_image image=”308″ style=”vc_box_circle_2″ qode_css_animation=”element_from_fade”][/qode_elements_holder_item][qode_elements_holder_item advanced_animations=”no”][vc_column_text]
By Cassandra Kalpaxis
Collaborative Family Lawyer & Divorce Coach[/vc_column_text][/qode_elements_holder_item][/qode_elements_holder][/vc_column][vc_column width=”1/2″][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_separator type=”normal”][button size=”big_large_full_width” style=”white” target=”_self” hover_type=”enlarge” text_align=”center” custom_class=”jointdivorce1″ text=”Download our Joint Divorce Application Checklist!” color=”#ffffff” hover_color=”#ffffff” background_color=”#dd3333″ hover_background_color=”#dd3333″][/vc_column][/vc_row]
