Information: Family Law
Family Law Questions
Frequently Asked Questions for Family Law Matters (Part 1)
So, you have separated from your partner and are thinking, “Now what?” Here at Aston Legal Group, we have a broad range of experience in all aspects of family law, including divorces, parenting arrangements, property settlements, family violence intervention order matters, and wills and estates. We know that the early stages of separation can be the hardest when you are trying to find your feet again, so we have compiled our top 10 frequently asked questions to ease your mind until you can speak to one of our lawyers.
- Do I need to engage a family lawyer?
Separation can be a daunting circumstance for those experiencing it for the first time, and it can be helpful to engage a legal professional to support you efficiently through the process, minimising costs and time spent resolving matters. We particularly recommend engaging a lawyer if you have been a victim of family violence, there are major power imbalances, or you anticipate that your former partner may be disagreeable or difficult to negotiate with.
- How do I know that we have separated?
You and your partner will likely be separated if one or both of you have indicated that you wish to end the relationship.
- What if we still live together after the separation?
Separation is not conditional upon one party moving out of a shared property. Certain circumstances may not enable one party to move out immediately after separation, so you are still separated if there is an evident change in your relationship. This may include sleeping in different rooms/beds, ceasing a sexual relationship, and/or living separate lives without each other.
- How do I get a divorce?
Australia has a ‘no-fault divorce’ jurisdiction. This means that the only issues to be determined when getting divorced are whether your marriage has broken down and whether there is any reasonable chance that you will get back together with your partner.
To be eligible for a divorce in Australia, you and your husband or wife must have been separated for at least 12 months and 1 day to apply for divorce.
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely; or
- are an Australian citizen by birth, descent, or by grant of Australian citizenship; or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You can then make a joint application for divorce together or a sole application on your own. A divorce will likely still proceed even if one party doesn’t want it if the above conditions are met.
After applying to the Court, your attendance at Court may be required if you have a child of the marriage under 18 years or if you choose to attend the hearing. After this hearing, a Final Divorce Order will be made in due course, and you will be officially divorced.
Contact Us
If you would like advice about your family law matter and wish to obtain an understanding of the options available to you, please contact our office on (03) 8391 8411 to book a free 30-minute consultation with one of our other experienced practitioners.