Are you currently going through a separation in Australia and feeling overwhelmed by the legalities involved? EM Family Law is here to provide you with clear guidance on the key separation rules you need to be aware of. From the process of divorce to the division of property and arrangements for children, understanding your rights and responsibilities is crucial during this challenging time.

Understanding Divorce in Australia

Under Australian law, in order to apply for a divorce, you must be able to prove that your marriage has broken down irretrievably. This is typically demonstrated by having been separated for at least 12 months. The divorce application can be submitted jointly or individually, and there is no requirement to assign blame to either party. Once the divorce is granted, both parties are free to remarry.
When going through a divorce, it is essential to consider issues such as property settlement, spousal maintenance, and parenting arrangements. EM Family Law can provide you with expert advice and guidance on how best to navigate these complex legal matters.

Property Division in Australia

One of the most significant aspects of a separation is the division of property and assets. In Australia, the Family Law Act 1975 governs how property and finances should be divided between separating couples. The Court will consider a range of factors in determining a fair and equitable division, including the financial contributions of each party, any future needs, and the welfare of any children.
It is essential to seek legal advice from a qualified family lawyer to ensure that your rights are protected during the property settlement process. EM Family Law has extensive experience in fair negotiations and favorable outcomes for our clients in property division matters.

Children's Arrangements after Separation

For separating parents, making arrangements for the care and education of children is often a top priority. In Australia, the best interests of the child are the primary consideration in determining parenting arrangements. This includes factors such as the child's relationship with each parent, their safety and wellbeing, and their wishes (where appropriate).
EM Family Law can assist you in creating a parenting plan or applying for a parenting order through the Family Court of Australia. Our team of experienced family lawyers will work with you to ensure that the needs of your children are met during and after the separation process.

Conclusion

Navigating the separation rules in Australia can be complex and emotionally challenging. By understanding the key separation rules related to divorce, property division, and children's arrangements, you can make informed decisions and protect your rights during this difficult time. EM Family Law is here to support you every step of the way and provide you with expert legal guidance tailored to your specific circumstances.