1. FAMILY LAW - THE IMPORTANT FACTS
Divorce is the legal recognition of the end of your marriage. You can obtain a divorce if
your marriage is irretrievably broken down and you have been separated for at least
twelve (12) months.
You must resolve or institute proceedings for property settlement and spousal
maintenance within twelve (12) months after you have obtained your divorce (otherwise
you will have to seek the leave of the Court to do so).
You can commence negotiations or file an Application for property settlement immediately
upon separation from your partner as the result of the breakdown of your relationship.
A de facto relationship is a relationship between two persons (not legally married) of the
same sex or opposite sex who are not related by family and having regard to all the
circumstances of their relationship, have a relationship of a couple living together on a
genuine domestic basis.
Financial claims in de facto relationships can be made if there was a de facto relationship
and the relationship was for a period of no less than two years and/or there was a child of
the relationship and/or a party makes substantial contributions to the other party’s
property.
A financial claim at the end of a de facto relationship must be filed within two (2) years
after the date upon which the de facto relationship ended.
In relation to child maintenance you are able to lodge an Application with the Child
Support Agency (through your nearest social security branch) immediately after
separation to have maintenance assessed for your child if you are unable to reach an
agreement with the child’s other parent.
At law, as parents of your children, you each have parental responsibility of the children
which means all the duties, powers and responsibilities and authority, which by law,
parents have in relation to children.
The Court can make Orders called Parenting Orders in relation to your children. These
Orders deal with such issues as who the children are to live with and who the children are
to spend time with. The orders can also deal with the allocation of parental responsibility
for a child and any other aspect of the care, welfare and development of the child or any
aspect of responsibility for a child.
It is important upon separation to resolve the issue of property settlement and to have any
agreement recorded in a Consent Order (filed and approved by the Court) or enter into a
Binding Financial Agreement pursuant to the Family Law Act.
Unless a property settlement is determined by an Order of the Court or is contained in an

2. agreement recorded in a Consent Order or a Binding Financial Agreement pursuant to the
Family Law Act, then the issue of property settlement is always potentially "alive"
(subject to time constraints) and either party can institute proceedings in the future to
make a claim against the other party.
There may be costs savings and advantages in transferring property and executing
documents pursuant to Family Court Orders or Agreements. This involves capital gains
tax and stamp duty exemptions.
It is important that upon separation and the breakdown of your relationship that you
immediately examine the terms of your Will and have a new Will prepared to reflect your
change in circumstances.
Upon separation, it is also important to examine any Superannuation policies that you
have and in particular as to who the named beneficiary is in those policies and whether
you wish to change the beneficiary (as in many cases this will be your spouse).
Also, you should revisit any Powers of Attorney or Enduring Power of Attorneys you have
put in place during your relationship as it may be appropriate to revoke those Power of
Attorneys after separation.