Blog
Category: Separation
Can I finalise property settlement without getting a divorce?
After separation or divorce, things can get confusing and sometimes overwhelming. There are often several family law processes all happening at the same time, and many of these will have timeframes you need to be mindful of and adhere to. In this article, we specifically look at the process of how divorce intersects with property settlement.
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Divorce is only one part of finalising separation from your partner
To finalise separation from your partner, there are a number of issues that should be considered and addressed over and above obtaining a Divorce Order (if you were married) or simply moving on with your life if you were in a de facto relationship.
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Family law and separation: when are we considered separated?
In the traumatic time of a relationship breakdown, it’s not always front of mind as to whether you are legally defined as “separated”… “or not”… In fact, there is no legal definition of “separation” in a family law environment.
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Is my inheritance protected after separation or divorce?
Unfortunately, inheritance is not a protected asset or property in family law matters when married spouses or de facto partners separate. Due to the broad discretion afforded to the Family Law Courts in Australia, the treatment of inheritances can be a vexing issue in property settlement matters.
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How do I get my marriage annulled in Australia?
Under the Family Law Act, the Family Court of Australia and the Family Court of Western Australia can declare a marriage invalid. This is formally referred to as a decree of nullity. Commonly, people would refer to a marriage annulment.
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Working with a variety of professionals can make the experience of separation easier
To get through the family law system, ensuring all your rights and entitlements are protected, you’re actually much better off taking advantage of the swathe of professionals that can assist you.
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The effects of separation (and divorce) on children
It has long been said “it is not separation that affects children, it is conflict”. No matter how amicable your separation (or divorce) may be, the process is still difficult and likely to be stressful. With children, you have the added pressure of ensuring all your actions are in the best interests of the children.
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Separated but living under the same roof
If you’re separated but still living with your spouse, this is called ‘separation under one roof’. Many separated couples do this for a variety of reasons. It’s not ordinarily an issue until both parties seek divorce and need to prove to the court that they are in fact separated.
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Pets and other animals in the family law system
Many families and couples often welcome furry friends into their homes and lives. Pets are often cherished members of a familial unit. But what happens to those pets (or other animals) if the relationship ends? Who gets custody of the pets, so to speak?
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Separating from your spouse – important information and documents to collate
When a relationship ends, it can be a very emotional time, and it can be difficult to think clearly about what you should be doing to prepare yourself for separation. There are a number of documents and other vital information you should consider collating at the time of separation.
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Your Will and the effect of separation, divorce and marriage
It is very important to keep your Will up to date to reflect changes in your personal and family circumstances, particularly in the event of separation from your partner, marriage or divorce.
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Top 10 things to consider after separating from your partner
After separation from your marriage or de-facto relationship, there are a number of priorities you need to consider to protect your interests as you move through the family law process. In this blog, we look at what we consider to be the top 10.
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