The difference between Divorce, Property Settlement and Parenting in Family Law

It is a common misconception that when you separate, all aspects of your separation is dealt with in one process. In Family Law, Divorce, Property Settlement and Parenting Arrangements are three separate and distinct processes.

Many believe that the process of getting a divorce will sever financial ties. However, this is not accurate. The process of divorcing is the legal and formal end to a marriage. To obtain a divorce, an application is made to the Federal Circuit and Family Court of Australia which informs the Court that the marriage has broken down irretrievably, and that reconciliation is unreasonable. It is important to understand that a divorce does not have the scope to divide your matrimonial assets or separate your finances, this comes under the process of property settlement.

Property Settlement negotiations can begin immediately after separation, as opposed to a divorce, in which you can only apply for after you have been separated for a minimum of 12 months. Once a Divorce order has been granted by the Court, there is a 12 month period to commence proceedings for the court or enter into Consent Orders to make a legally binding agreement on how the division of the assets should occur.

How the asset pool should be divided can be contentious between two separating parties. Having your own independent legal advice can assist you to navigate the process of negotiation, what the legal factors are that should be taken into account and what a just and equitable division could look like. Lawyers can also be engaged to assist you in reaching a resolution.

Coming to an agreement with your former partner about parenting arrangements for children after separation can be done directly or with the assistance of a Family Dispute Resolution Practitioner (FDRP). There are many options that you can explore to assist you in implementing an ongoing arrangement. This could include attending mediation, discussing a parenting plan or obtaining consent orders. The paramount consideration of the Court is the best interests of the child, which will be at the forefront of an lawyer assisted agreement. Many people find it easier to navigate the process of working with their former partner to find common ground if the negotiations are put forward by a lawyer who is independent and provides an objective position.

Contact us today to discuss with our experienced family lawyers, Simon Caldwell and Thomas Marsden, your personal circumstances, understand your right and obligations and allow us to assist you in navigating your divorce, property settlement, and parenting arrangements.