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Divorce Property Settlement, De Facto Property Settlement, Or Same Sex Couple Property Settlement

Financial issues arising from the breakdown in a relationship can be resolved at any time following the date of separation. In family law this is known as a “property settlement”.

A divorce is dealt with in separate proceedings.

The requirement to obtain a divorce in Australia is that an ‘irretrievable breakdown’ of the marriage/relationship has occurred, in the case of a marriage a 12-month separation with no likelihood of reconciliation is required before an application for divorce can be made.

The fault that led to the marriage break down is not relevant. The divorce application will not resolve issues relating to children or property. These are dealt with in separate applications. The divorce application details arrangements for the care of dependent children.