When a relationship ends, unbeknownst to the parties – a time clock begins. The time frames are different for married parties as compared with de facto couples.
Once married parties obtain a Divorce, they have 12 months with which to separate their financial matters. If they are not done within this timeframe, the Family Court may not allow their matter to be heard unless there is a compelling reason.
For de facto couples, this time frame is two years from the date of separation.
Unlike divorce, which officially ends the marriage, separation of de facto couples does not require a formal court declaration. However, divorce is purely an order from the Family Court officially ending the marriage. It does not deal with other matters with respect to property division, finances, and parenting arrangements.
While both separation and divorce mark the end of a relationship, they differ in important ways:
- Legal Status – Separation does not change your marital status; you remain legally married unless you apply for divorce.
- Time Requirement for Divorce – In Australia, you must be separated for at least 12 months before applying for divorce or two years if the marriage was less than one year in duration.
- Property and Parenting Arrangements – While separation often leads to discussions about finances and parenting, obtaining a divorce does not automatically resolve these matters.
Separation and divorce involves legal, financial, and emotional considerations. But remember, you do not have to endure this alone. At Coastal Family Law, we provide clear, compassionate legal guidance to help you understand your options and protect your rights.
