Written by: Taylor Wilson
One of the most common questions we get from clients is whether a divorce application covers property, assets or parenting arrangements. People are often surprised to learn that getting a divorce does not automatically divide your assets. In fact, your divorce paperwork won’t mention what’s happening with your property at all.
If you are considering a divorce, here is what you need to know about what the application process covers and what it doesn’t.
What a Divorce Application Covers
A divorce application is the process to formally end a marriage in the eyes of the law. With this in mind, here is what you can expect the process to deal with.
The Process Covers:
- Confirming the marriage is legally recognised in Australia
- Proving the marriage has broken down irretrievably (usually through 12 months and 1 day of separation)
- Deciding whether the divorce is filed as a sole application (by one spouse) or a joint application (by both spouses together)
- Considering arrangements for children under 18 (not about custody, but ensuring proper care is in place)
- The final court order that legally dissolves the marriage
The entire purpose of the divorce process is to legally end the marital relationship.
What a Divorce Application Does Not Cover
Many people assume that applying for divorce automatically takes care of dividing property, organising finances and setting up parenting arrangements.
The truth is, a divorce application in Australia only deals with legally ending your marriage. It does not determine who gets the house, how assets are divided, or what parenting arrangements will look like.
The application does not cover:
- Property: Who gets the house
- Assets: E.g. savings or investments
- Parenting arrangements: Custody, living arrangements or time with children
- Pets: Who keeps the dog (or any other animals)
All of these matters need to be finalised through a property settlement process or parenting agreement. This can be achieved either by consent (where both parties reach an agreement) or, if required, through the court’s decision.
Divorce Applications and Property Settlement
Another common question we receive is: “Does my divorce application include our property settlement?”
Unfortunately, no. A divorce application and a property settlement are two separate applications to the Court.
Filing for divorce has no effect on your property settlement. However, a divorce application will affect the time you have to take action on your financial matters and spousal maintenance matters.
The Time Limit After Divorce
One of the most important things to know is that divorce triggers the 12-month time limit to finalise your property settlement or make an application to the court.
If you miss this deadline, you may lose the right to have the court decide your property matters without special permission, which can make the process more complicated.
Seek Legal Advice If You’re Unsure
If you are separated or considering divorce, it’s important to seek advice early. Understanding the difference between divorce and property settlement will help you protect your rights and avoid unnecessary stress later.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Family Law Team
