The Basics: Separation and dissolution of marriage

April 11, 2019

 

When a husband and wife live apart this is their separation date which can be important for property division purposes. A couple could be separated even though they are still living in the family home.

 

Either spouse may apply to the Family Court to have the marriage dissolved two years after separation. You can get the forms for this from the Family Court Registry, and you do not need a lawyer.

 

A dissolution of your marriage changes your legal status to being single again and you are free to remarry. It can affect the entitlement of a spouse such as to a superannuation entitlement.

 

An important consideration is that a spouse needs to apply to the Court for a division of relationship property within a year of the dissolution. 

 

For de facto or civil union partners, the time limit for applying to the Court for division of relationship property is three years after living apart.  However the Court may grant

leave to apply later if there is a good reason for your delay.

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