Divorce

A divorce order is a formal Court order that dissolves the legal relationship between a married couple.

Before seeking a divorce order, a couple must have been separated for at least one year. Although it is possible to count short periods of getting back together, as well as separating under the one roof, special rules apply to each of these situations.

It is important to obtain legal advice before applying for a divorce orders if you have not lived in separate accommodation for the whole of at least one year since separation.Once a divorce order has been made, any application for property settlement must be brought within one year of the divorce order.

Does it make a difference if we are married or de facto?

De facto couples (including same-sex couples) separating after 1 March 2009 now have their property matters dealt with under the Commonwealth Family Law Act in an almost identical way to married couples. De facto couples who separated prior to 1 March 2009 are not covered by that legislation and different rules apply.

Regardless of when they separated, all married and de facto couples have their issues around their children dealt with under the Family Law Act.

Wills after separation and divorce

If you have separated, you should consider making a fresh will to cover your new situation. Although under ACT law wills aren’t automatically revoked by divorce, your former partner cannot inherit from you even if they are named in a will that was made before the divorce order. A re-marriage will, however, mostly have the effect of automatically revoking any prior will you have made.