Separation & Divorce
Separation carries with it a number of legal implications for you and your former spouse. These implications can be to do with the future care of your children, the division of the property of the marriage, or the future financial support and maintenance of yourself, your spouse and the children.
The law considers a serious relationship (marriage or de facto) to be a very serious commitment with consequent legal responsibilities. The responsibilities of each spouse under the law can continue well after separation, and at Kydon Segal Lawyers we can help you navigate the difficult and complex issues which arise.
If you are married, you do not have to be divorced in order to reach an agreement regarding parenting or property and financial matters. Similarly, you do not have to be divorced to commence court action to seek orders in relation to both children and property or financial issues of the marriage after you have separated.
In 1975 Australian law recognised that the breakdown of a marriage is often difficult to determine precisely. As such, we have a “no fault” divorce system, which means that the only grounds for a divorce in Australia is irretrievable breakdown of the marriage, which is proven after twelve months of separation.
In more recent times, Family Law in Australia has also recognised that not all relationships are defined by marriage, and has broadened the rights and responsibilities of parties to other domestic relationships.