divorce facts

Family law in Australia – how to separate

Australia is well known for its highly advanced Divorce Laws in Australia. It is one of the more developed democracies and has equal rights for men and women, gay marriage and for divorces owing to the legal separation provided under the Family Law Reform Act 1974. Under the Federal Constitution of Australia, every marriage should have legal separation and the use of the word “domestic” is prohibited when discussing marriage and divorce issues and proceedings.

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Marriage is considered to be the ultimate commitment and it involves legal agreements concerning the legal division of conjugal property between the spouses (including children), the spouses and any other person or authority interested in the marriage. Australian Divorce Laws for Permanent Residents, which provide the legal means of separating couples, allow for legal separation for at least two years following the dissolution of a marriage in order for one of the spouses to be allowed legal visitation rights. The marriage must have been registered under the laws of the place where the marriage was solemnized. This legal separation is effective only if the marriage was dissolved under the laws of the place where it was solemnized.

To start a legal separation, you need to approach a Family Law Attorney who will file all the necessary paperwork needed and then further protect your spouse from any legal or financial harassment by ensuring that your spouse does not inform any family law attorney of your intent to remain single. Your spouse then needs to approach the Family Law Court and apply for a legal separation. In order for your application to be accepted, you will have to make sure that you have removed yourself completely from all contact with your spouse, i.e. keeping your name off telephone and/or computer contacts, keeping out of any family law proceedings and not mentioning your intended separation to any other family law attorney.