Ending a de facto relationship or a marriage is both legal
Under Australian law, the ending of a de facto relationship or a marriage is both legally and commonly called separation. Under Australia’s Family Law, proving that a separation took place becomes vitally important in the dividing of assets. In addition to the financial toll that separations take on the health of those involved, certain emotional factors also make separations increasingly difficult.
Australian authorities often emphasize the importance of establishing a separation in writing- preferably with a notary public. Getting documents in writing are the best way to ensure that an estranged person cannot later return claiming abandonment or negligence against the former spouse or partner.
When the matter of separation has come into question, there are multiple factors that go into proving a separation occurred. Some of those questions regard the sexual intimacies of the couple. In virtually all cases, sexual intimacy voids separation.
Other possible indicators of separation that are often called into question regard matters like sleeping arrangements, financial binding agreements, and the division of labor or chores within the household. Authorities also want to know if members disclosed he separation to friends, family, and coworkers.
Because in Australia’s family legal system a couple must be separated for a period of at least one year before being able to grant a request for divorce, the beginning date of separation is crucial. There is also a two-year limitation after separation in which individuals can file for divorce, if necessary.
There are multiple things that former spouses can do to help alleviate stress and tension between all parties involved. One of the things that can be done is to take a class. Australia offers several types of excellent coping-skills classes geared to teach people to cope with separation. Also contacting a lawyer is usually a wise choice.
Some other important things to keep in mind when looking at separation include children. Not only is it necessary to figure out where the children will go and when, but also who will pay for what. Children also tend to have a very difficult time coping with divorce or separation.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.