On top of the day to day practicalities, like where you’re going to live and who will have primary care of the children, you may also need to consider the legal and financial ramifications. This presentation is an introduction to the legal options available to married or de facto couple who are going through separation.

1. We’ve decided to Separate.
What happens next?

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On top of the day to day practicalities, like where
you’re going to live and who will have primary care of
the children, you may also need to consider the legal
and financial ramifications.
Separating from a long term partner is rarely easy

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Have you considered all your options?
Sometimes the decision to separate is made
without trying to work through or resolve the
source of conflict in the relationship.
There are many counselling and mediation
services available that can assist you.
By exploring the different options and working
through some of the emotional issues, you can be
more certain that the decision to separate is what
you really want.

4. There is no way to register a separation, which is
seen under Australian law as bringing a marriage or
de facto relationship to an end.
However, it’s a good idea to make sure that you can
demonstrate that the separation was effected on a
particular date, by putting it in writing.
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How to legally separate

5. 1. One or both parties must intend to sever the
relationship and actually communicate their
intention to sever the relationship to the
other;
and
2. The parties must physically separate. This
can be done by moving to separate
bedrooms in the home and cutting financial
ties between you.
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Separating under one roof
If you are separating under the one roof, you will need to satisfy two conditions:

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After separation there are 3 Issues to address
Children
If children are involved,
you will need to decide
on parenting issues
such as child custody,
access and child
support obligations.
Property Settlement
Dividing the assets and
debts, deciding whether
spousal maintenance
will be paid, dealing
with any real estate and
finalising any other
financial issues.
Divorce
For married couples,
although there is no
need to formalise your
separation by obtaining
a divorce, you can file
for divorce after one
year of separation.

7. This includes the financial care (child support)
and day-to-day welfare of your children.
These issues can be negotiated privately
between the partners and set down in formal
agreements such as
• Child Support Agreement
• Parenting Plan
You also have the option of obtaining Consent
or Court orders.
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Taking care of the children

8. Property Settlement refers to the division of
assets and liabilities between the partners.
You can finalise finances and property
division at any time after separation.
Married couples do not need to wait until they
are divorced to settle property matters.
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Property settlement

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There are 4 ways to divide property
1. An Informal Agreement
You can make an informal verbal or
written agreement, essentially shaking
hands and going your separate ways.
But these types of agreements are
NOT legally binding and will not stop
either party from applying to the Court
at a later date.

10. 2. Binding Financial Agreements
A special type of agreement, recognised by the
Family Law Act, as a legally binding alternative to
Court action.
They’re an attractive option for parties wishing to
formalise their property settlement privately,
avoiding the Court system.
Financial agreements do not need to be
approved by, or filed with, the Family Court in
order to be effective.
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11. 3. Consent Orders
If you agree about how to divide your assets
and liabilities, you can submit the details of
your agreement to the Court by way of an
application for consent orders.
The Court will review your proposed
settlement and if it is satisfied that the
arrangement is just and equitable, it will
consent to your agreement.
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12. 4. Court Orders
This avenue is usually a last resort for
couples who are unable to reach any
agreement.
It takes the final outcome out of your
hands and allows the Court to make a
decision about your property and /or family
issues.
This path is expensive, time consuming
and stressful.
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13. Depending upon the Property
Settlement option you choose
there may be limits imposed by the
law.
Binding Financial Agreements are
the exception – there are NO time
limits for this option.
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Time limits

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Want to know more about
dealing with the practical issues
of Separation and Divorce?
Download our
Free eBook today

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DiY Legal Kits by RP Emery and Associates – Solid Legal Protection without the Expense
Go to www.rpemery.com.au or Call us on Freecall 1800 608 088
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16. We consider it our job to de-mystify the law and legal contracts.
We firmly believe that there are many times in life where you can enjoy the protection of a well
written legal contract without spending a fortune in legal fees. Because of this, our aim is to make
it easy for you to solve common legal issues that crop up in life.
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own legal matters.
Knowledge is power and even more so when it comes to legal matters.
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