Your Guide To A Simple Separation

Whether you’re just getting started, or about to finalise, separation and divorce can be overwhelming. In this guide, we’ll address the most frequently asked questions and other common topics so you can feel confident in embarking on a simpler separation journey.

What’s the difference between a separation and a divorce in Australia?

DIVORCE

Divorce is the legal nullification of a marriage. Couples who have been married may even have separated, but not yet legally dissolved the marriage.

The 12 month period before divorce allows couples to consider if divorce is the right option for them and if the relationship is salvageable.

SEPARATION

Separated partners may want to live and operate separately, but remain legally married for short or long term. Couples seeking to divorce must be separated for 12 months before they officially divorce.

The 12-month period of separation can give couples time to see if they benefit from counselling and working on their relationship. If the relationship isn't viable after a year, then divorce is a next step once couples prove that:

1. They have not lived together as a couple for at least 1 year

2. The relationship is not viable

3. They do not expect to return to the relationship

The date that a couple stops living together as a couple is considered the "date of separation".

Couples who are unable to live on separate properties can still reside on the same property but must not be interacting as a couple during this time. Couples living in this arrangement need to agree on and prove the date they ended their relationship. This is referred to as being "separated under one roof".

Important actions to take when separating are: notifying relevant government agencies; no longer sharing a bedroom or bed; notifying friends and family; and being financially independent from one another.

Factors like these can influence the decisions made in court proceedings. This is because they indicate whether or not the parties were separated during this time period, and can affect how property should be divided post-separation.

Am I ready for a separation?

Feeling unsure or confused about whether you're ready to separate is normal and can be daunting.
At Simple Separation we're here to provide direction to where you can start.

DO YOUR RESEARCH

Not all couples’ situations are the same.

If you and your partner can be civil, a JOINT APPLICATION is recommended.

The process involves the preparation of your Application for Divorce, ready for both parties of the marriage to sign. The team at Simple Separation work hard to ensure all the necessary information is gathered, and questions are answered correctly. The application, with all the relevant documents, is then lodged in Court, on your behalf.

If you and your partner are not able to cooperate well enough to file a joint application, a SOLE APPLICATION is made.

This process involves the preparation of your Application for Divorce, ready for the applicant to sign. The application, with relevant documents, is then lodged in Court, on your behalf. Depending on your circumstances, a sole application may require the need for Simple Separation to arrange a third party to serve the application on your former spouse.

SPEAK TO SOMEONE

It can be a huge relief to speak to a counsellor or psychologist about how you're feeling. A mental health professional can ensure you’re emotionally healthy before, during, and after the separation process. If you and your partner are on amicable terms, consider if you would like to attend counselling together or apart.

STOCKTAKE

If you can't speak to a mental health professional, consider speaking to a trusted friend or family member about how you're feeling. Take some time to make a list of healthy strategies for dealing with stress, frustration, demotivation, grief, or mental health concerns.

ORGANISE YOUR DOCUMENTATION

Make time to assess and make a list of your assets, liabilities, property, financial resources, and any financial contributions made by yourself and your partner. This is a good time to identify tangible and intangible property that could be involved in the separation, whether it's owned separately or together.

Be sure to have copies of any relevant documentation on file where you can access them. This can include: deeds, agreements, contracts, property, assets, liabilities, bank statements, your marriage certificate, loan repayments, income and expenses, superannuation statements, bills, and any intervention orders (if applicable).

This can be a good time to collate all the relevant documentation or request new files if they've been lost or damaged.

THINK ABOUT YOUR SEPARATION GOALS

Before consulting with your partner, consider what you envision for the separation. What do you want from the process? What do you want the final arrangement to look like? How would you like property to be divided? How would you like to organise the finances, living arrangements, and any other responsibilities?

This step can be especially helpful for those who are unsure about how their partner will react to the separation.

THINK ABOUT YOUR LIVING SITUATION

Being in close proximity during a separation can be the cause of undue tension and conflict. While living separately during a separation is not always achievable, it’s a good idea to consider options such as: moving to a different property you own, moving in with family or friends, purchasing a new property, or renting.

CREATE A NEW BUDGET

When you separate, it's important that you are financially independent from your partner. Consider how you will be affected by the division of assets and property between you and your partner, and how you can prepare now to make sure you can support yourself and any dependants. This is especially important to consider in as much detail as possible if you have children.

WRITE DOWN QUESTIONS YOU MIGHT HAVE

Take note of any questions you might need legal advice on, such as property division, living arrangements, child-care, or spousal maintenance. Writing down your questions for later is good practice to help reduce unnecessary worry about issues that create uncertainty for you.

TALK TO A SEPARATION SPECIALIST

Take some of the burden off by speaking to a professional about any questions and concerns you have. Our team at Simple Separation is made up of experienced mediators, and an independent panel of third-party family lawyers to provide you with the best information possible.

We’re equipped to be with you through the entire process. To begin book a free 30 minute consultation with us today.

What Does The Separation or Divorce Process Look Like in Australia?

The process for getting a separation and applying for a divorce varies depending on the situation of all parties involved, as well as their individual wants and needs.

While some couples are already clear on their separation goals and just need assistance finalising their arrangement, many of our clients come to us uncertain of where to begin. Whatever stage you and your partner have reached, we can guide you through the process, so you can feel more confident in what you should do next.

Summary of the Divorce Process in Australia

The divorce process can be broken into 4 key stages:

SEPARATION

Once you and your partner have agreed to separate, confirm the date you have separated and organise documents. You’ll need to arrange living situations, finances, property agreements, parenting plans, and more with a separation professional. You can choose to get in touch with a lawyer directly, but for a less stressful and more cost-effective option, we recommend Simple Separation’s mediation process for a holistic solution.

PROVIDE PROOF

You will need to prepare documents to prove citizenship, the length of time you have been married, and that you have been separated for at least 12 months.

APPLY

You can apply online for a divorce through the Federal Circuit Court of Australia and sign the divorce papers with the other party. You may need to attend court hearings, but if you have had an amicable divorce, this may not be necessary.

RECEIVE YOUR DIVORCE CERTIFICATE

If approved, your divorce certificate will be sent to both parties confirming that you are legally divorced. You can use this document to confirm this information with other organisations, such as Centrelink.

Not sure where to start?

Book a FREE 30 minute consultation with us today!

Who Gets What In A Separation or Divorce In Australia?

After a separation or divorce, you’re entitled to a share of the property pool between you and your partner. These can be arranged through property agreements and property settlements.

Property can include, but isn’t limited to:

• The family house
• Shared investment property
• The family car
• Bank accounts
• Shares & investment accounts
• Debts, eg. home loans and credit card debts • Superannuation
• Insurances
• Businesses and commercial property
• Furniture & household items

While this isn’t always split 50/50, the goal is to divide the assets and liabilities fairly between parties.

Who gets what can depend on many factors, including:

• What were the contributions of the parties at the start (and end) of the relationship?
• What were the financial AND non-financial contributions of the parties during the relationship? (eg. Income, domestic duties, primary carer, renovations, etc.)
• What was the length of the relationship?
• What is the health of involved parties?
• What is the income capacity of involved parties?
• Who might require more assistance in the future to provide adequate care for dependants?

Starting the separation process doesn’t always have to be another cost to think about.

Book a free 30 minute consultation with us at Simple Separation today to find out why we provide one of the most affordable separation and divorce methods available.