You’ve Taken the First Step
You have taken the first step towards resolving your matter. This system has analysed your answers and provided the following guidance based on your situation.
Summary
You and your spouse are currently married, and arrangements will need to be made for your children. At present, the relationship appears strained and will require careful handling moving forward. Most of the property you own was acquired during the marriage, and there may be sufficient assets and income available to meet both parties’ financial needs.
Reaching Resolution
Although the situation may feel difficult, most separating couples are able to reach an agreement without going through lengthy and costly court proceedings. Only a small minority of cases require a judge to make a final decision, and there is a strong possibility that your matter can be resolved through negotiation.
Divorce
As you are married, you will need to apply to the Court to obtain a divorce. Legally, divorce is separate from financial and parenting matters, although it is usually practical to address everything together. A divorce changes your legal status from being married to not married.
You or your spouse may begin the process after separation, and it typically takes around six months to finalise. Under the current “no fault” system, there is no need to assign blame for the breakdown of the marriage, and your spouse cannot contest the application if you are eligible.
The Divorce Process
In most cases, the process begins with a divorce application submitted to the Court. After a minimum waiting period of 20 weeks, a Conditional Order can be applied for, confirming that you are entitled to a divorce.
If financial matters are agreed, a Consent Order will be submitted to formalise that agreement. After a further period of six weeks and one day, you may apply for the Final Order, at which point the divorce is legally complete. In practice, the final step is often delayed until financial matters are resolved.
Your Children
Arrangements for your children must prioritise their best interests. This includes decisions about where they live, how time is shared between parents, and how major decisions are made regarding their upbringing.
These arrangements can be agreed informally or formalised through a legally binding order. Alternatively, a parenting plan may be used, although it may not provide the same level of certainty. In most cases, both parents will continue to share responsibility for long-term decisions such as education, health, and religion.
Property & Finances
The aim is to achieve a fair and final division of property between you and your spouse. Assets acquired during the marriage are often divided equally, unless there is a valid reason to do otherwise. Assets acquired outside the marriage, such as inheritances, may be treated differently.
The Court has wide discretion and focuses on fairness, particularly considering the needs of any children under 18. In many cases, adjustments are made to ensure both parties’ needs are met, and where possible, a clean financial break is preferred.
Spousal Maintenance
Spousal maintenance refers to ongoing financial support paid by one party to the other. While it may not always be required, it is common for the primary caregiver of children to need assistance, particularly where decisions during the relationship have affected earning capacity.
Maintenance may be short-term or extend over several years, depending on circumstances. The Court considers factors such as the standard of living during the marriage, future financial needs, and the ability of each party to become financially independent.
Child Maintenance
Child maintenance is separate from both property division and spousal maintenance. It is intended to cover the everyday living costs of your children. You and your spouse may agree on an arrangement privately, or use a government calculator as a guide.
If agreement cannot be reached, a relevant authority can assess, collect, and distribute payments. In some cases, the Court may also make an order based on established guidelines.
Next Steps
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