Separation and Divorce
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Separation and Divorce
Separation and Divorce
Separation occurs when you and your spouse/partner stop living together in a domestic or ‘marriage-like’ relationship, and it can happen even if you are still living together, or if one party leaves home. If you never married, but have been living in a de facto relationship, the same legal principles apply. However, applications for property orders must be filed in respect of de facto relationship within two (2) years following the end of the relationship.
When you are considering separation it can be extremely beneficial to consult a lawyer to clarify whether your current arrangements are characterized as separation, or conversely, what you need to do to satisfy the Court’s requirements for separation.
Divorce is the legal dissolution of marriage, and you can either apply to the Court for a joint divorce, where both parties agree, or you can make your own Application.
Eligibility for divorce is dependent upon citizenship, residency, length of time separated, property, finance and whether there are children of the marriage.
In a legal separation, the parties are still married, versus a divorcewhere the marriage is ended. A legal separation is a court order that mandates the rights and duties of a couple while they are still married, but living apart. In a divorce, the spouses are no longer married. Legal separations are not too common, but can be helpful to a situation where the spouses work through any personal or financial issues affecting the marriage. In proceedings for legal separation, the court decides the following, much as it would in divorce proceedings
Separation maintenance: this includes spousal and child support, but is called something different to distinguish it from the effects of a divorce. The court papers for separation maintenance are usually filed by a lawyer through what is referred to as a "motion pending litigation". The court's decision on awards for separation maintenance does influence what each spouse is awarded should they later continue to divorce proceedings.
Legal Advice and Services in Melbourne including Dandenong, Narre Warren, Endeavour Hills, Hallam, Keysborough, Dandenong South, Hampton Park, Spring vale, Berwick and Rowville.
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