Each relationship is unique, and as some relationships are calm, others are turbulent. This is merely human nature. Unfortunately, this means betrayal and heartbreak are unavoidable in some relationships. If you decide that your relationship has reached tipping point, and it is time to separate, you should contact our solicitors to discuss your options.
The short answer is no. The long answer is as follows:
Firstly, the concept of a divorce is a separate legal application to a property settlement. By getting a divorce, this says nothing about how the assets are divided. A divorce merely dissolves the marriage.
Secondly, an application for a property settlement can be made at any time after separation. If you are already divorced, you will only have 12 months from the date of the divorce to apply for a property settlement. Whether or not your partner cheated is not relevant when determining how the assets are to be divided, unless your partner transfers assets or cash to his or her mistress. Click here for more information on how a Property Settlement is determined.
The divorce framework in Australia is based on a ‘no-fault’ system. This means that the only ground upon which any person can apply for a divorce is that the marriage has broken down irretrievably, regardless of how and why. You do not have to prove that the breakdown of the marriage is anybody’s fault.
The no-fault divorce was introduced to reduce conflict in divorce proceeding. By reducing the hostility of divorce proceedings, alternatives such as mediation are encouraged when it is time to sort out a property settlement or parenting arrangements.
You do not need permission from your spouse to apply for a divorce. If you are stuck in a marriage and your partner will not agree to a divorce, this will not stop your application.
Although you no longer need to prove a reason for the breakdown of a marriage, the underlying causes may still be relevant when it comes to sorting out parenting arrangements. For example, if your partner engaged in domestic violence or substance abuse, this will considered by the court when determining parenting arrangements.
If you have just found out that your relationship is over, and are unsure about how to proceed, contact one of our solicitors about what to do. We will provide you with important information about your rights and entitlements moving forward.
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Ending a relationship is usually a decision that you have potentially made or thought about, but never actioned. If you have made up your mind about leaving your partner, you would benefit from an initial conference with one of our experienced family law lawyers.
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