What is the difference between a separation and a divorce?
Where a relationship has ended, the terms separation and divorce are used interchangeably. However, in the law law world, they mean very different things.
Separation means the ‘ending of an intimate partner relationship’. This includes the end of a marriage or de facto relationship. If you have separated, some of the things you might need to consider are:
- Where the children will live and who will take care of them?;
- How will each party support themselves and the children?;
- Who will be responsible for outstanding bills or debts?;
- Who will remain in the family home?; and
- What will happen to the house, car, bank accounts, furniture and other property?.
A Divorce is the legal recognition of the end of your marriage. You can obtain a Divorce if your marriage has irretrievably broken down and you have been separated for no less than 12 months.
What is a de-facto relationship?
A de facto relationship, recognised by law, is one where two people are in a relationship and are not married , but live together as a couple on a genuine domestic basis. This includes adults of any sex or gender identity. To have a recognised de facto relationship the Court takes into account the following:
The duration of the relationship;
- Whether a sexual relationship existed;
- Whether there are any children of the relationship;
- The extent and nature of shared residence;
- The degree of financial dependence between the parties;
- The degree of mutual commitment toward a shared life;
- The reputation and public aspects of the relationship; and/or
- Ownership, use and acquisition of the parties’ property.
Property Settlement time limits?
Under the Family Law Act, the time limit to commence property proceedings for parties to a marriage, is 12 months from the date on which the divorce order becomes final.
For parties to a de facto relationship, the Family Law Act provides a time limit to commence proceedings for property or maintenance matters. This time limit is 24 months following the end of the de facto relationship.
If you don’t know where to start with your family law matter, schedule a free 15 minute consult with Ashlyn McCurdy click here.