Jonson Leo

Divorce tends to occupy a disproportionate amount of people’s attention when they are going through a separation. It is a significant personal milestone, and the formal end of a marriage carries emotional weight. But from a purely legal standpoint, it is the period leading up to the divorce, not the divorce order itself, where most of the important work happens.

We help Chadstone clients understand this distinction early and plan accordingly. The divorce application, when the time comes, is usually straightforward. What matters far more is how the surrounding matters are handled, and in what order.

What the separation period involves legally

From the moment of separation, the legal clock starts running. The twelve month period before a divorce can be applied for is the time to address property, finances, parenting and maintenance. Getting these matters resolved during this period, rather than leaving them until after the divorce is finalised, gives both parties more time and more flexibility.

A consequence of the divorce order that takes many people by surprise: from the date it becomes final, a twelve month period opens within which property proceedings must be commenced through the court. Miss that window and you are asking the court for permission to proceed, with no guarantee it will be given. Planning ahead of this deadline is something we do for every Chadstone client.

The divorce application itself

Filing for divorce requires twelve months of continuous separation. There is no fault element in Australian divorce law. The only ground is irretrievable breakdown of the marriage, and the separation period establishes that. In most cases neither party needs to attend court in person. A lawyer can manage the entire process.

Where children under eighteen are involved, a court appearance is required and the divorce will not be approved until the court is satisfied that appropriate arrangements are in place for the children. We make sure every aspect of the application is correctly prepared and that nothing is overlooked.

Living together after separation

Separation under the same roof is legally recognised in Australia. If financial circumstances or the children’s needs have meant both parties remaining in the same home after the relationship ended, the twelve month period can still run. The evidence required to support this is more substantial and it is worth understanding what you will need to demonstrate before relying on it.

Complex divorce situations

Some applications involve circumstances that need careful legal management:

• Demonstrating separation when both parties shared the same home
• Disagreements about the date separation legally began
• A former spouse who is difficult to locate or formally serve
• Marriages that took place in other countries and the recognition issues they raise
• Time-sensitive applications where remarriage is intended
• Matters where children’s arrangements need closer court examination

Whatever the complication, experienced advice at the outset is always preferable to managing a problem after it has developed.

Talk to a divorce lawyer in Chadstone

We will give you a clear picture of your process, your timeline and what needs to happen next. No jargon, no vague reassurances.

Call us on 03 9793 7888 to book a free initial consultation.