After separating, a couple must wait a minimum of 12 months before making an Application for Divorce. The separation period does not need to be continuous – a couple can reconcile for 3 months before restarting the clock on the separation period.

1. Family Law facts

3. After separating, a couple must wait a minimum of 12
months before making an Application for Divorce. The
separation period does not need to be continuous – a
couple can reconcile for 3 months before restarting the
clock on the separation period.

4. There are time limits for filing an application for property
orders in the Family Court. De facto couples have 2 years
from the date of separation and married couples have 12
months from the date of divorce.

5. All parties to a family law matter must provide full and
frank disclosure of all information and documents that may
be relevant to the dispute.

6. FIFO workers can be considered as being in a ‘de facto’
relationship with their partner even though they don’t live
together on a full-time basis. Cohabitation is only one
factor that can indicate a de facto relationship.

8. Superannuation is treated as ‘property of a marriage’. This
means that super can be split between a couple at separation
(unless you are in WA where this is only applicable to
married couples).

9. In order to commence Family Court proceedings about
children, couples must attempt mediation (unless there is an
extreme urgency, domestic violence or significant risk to the
children).
Parents don’t have ‘rights’ only ‘responsibilities’ in relation
to their children. When making decisions about children
their best interests must come first.

10. Very few matters that commence in the Family Court
actually reach trial mainly because the Court prefers
mediated outcomes, there are long delays in matters being
listed for trial and the high costs associated with doing so.

12. Pre-nuptial agreements or binding financial agreements (BFAs)
can be made by people contemplating a relationship, during a
relationship or after a relationship has ended.
Consent orders are the same as a judicial decision made on
behalf of a couple and are binding.

13. If you die before updating your Will after a separation,
your Will (which may leave everything to your former
wife or de facto) is still valid. Separation does not
invalidate a Will.

14. For advice about your Family Law see one of the
experienced Estate Planning solicitors at Bambrick Legal.
Suzi Cengarle
Mobile: 0404 493 653
Email: suzi@bambricklegal.com.au