What’s a Divorce?
In Australia, a divorce is the termination of a marriage.
Does a Divorce involve splitting Property?
No. Splitting ‘property’ (assets, debts and superannuation) is referred to in Australia as a ‘Property Settlement’. Divorce and Property Settlements are two different things.
You can divorce without effecting a Property Settlement, and you can effect a Property Settlement without divorcing. You can also do both (at the same time, or at different times).
Is Divorce Compulsory?
Divorce is not compulsory. That means you can separate, whilst remaining married under the law. Some people who separate choose not to effect a divorce as they have no intention of re- marrying.
What is the Practical Effect of a Divorce?
One practical effect of a divorce is that you can re-marry if you wish to do so.
Another practical effect of a divorce is that your one year ‘time limit’ to seek Court Orders for a property settlement with your former spouse begins to run (from the date of divorce).
This article was published by Kyle Barram on 16 February 2016. Kyle is a Townsville Family Lawyer. He has practised family law, amongst other areas of law, since 2009.
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