When it comes to ending a marriage, there are many misconceptions about the legal processes involved. One of the most common is the belief that divorce and property settlement are the same thing. In reality, these are two distinct legal processes, and understanding the difference is essential to securing your financial future.
At KD & Co Lawyers, we specialise in helping clients navigate the complexities of divorce and property settlement in Australia. Here’s what you need to know to make informed decisions.
What Is Divorce in Australia?
Divorce is the legal termination of a marriage under the Family Law Act 1975. Australia operates under a “no-fault” divorce system, which means the court does not consider who was at fault for the breakdown of the marriage. Instead, the only requirement is to prove that the marriage has irretrievably broken down—evidenced by 12 months of separation.
It’s important to note that separation can occur even if both parties continue living under the same roof. In such cases, additional evidence is required to demonstrate the separation.
While divorce ends the marital relationship, it does not resolve other critical matters such as financial arrangements or parenting responsibilities.
What Is Property Settlement?
Property settlement refers to the division of assets and liabilities between former spouses. This includes real estate, superannuation, businesses, vehicles, personal belongings, and even debts.
In Australia, you don’t have to wait for a divorce to finalise your property settlement. In fact, addressing property matters as soon as possible after separation can reduce stress and help you move forward with clarity.
However, once your divorce is finalised, strict time limits apply for initiating property settlement:
Married couples have 12 months from the date of the divorce to commence property proceedings.
For de facto couples, the time limit is 2 years from the date of separation.
Missing these deadlines can create significant challenges, including the need to seek permission from the court to proceed out of time.
Why Legal Advice Is Essential
Navigating divorce and property settlement can be emotionally and legally complex. Without proper legal guidance, you may:
Miss critical deadlines, jeopardising your entitlements.
Struggle to fairly divide assets and liabilities.
End up with informal agreements that are unenforceable.
At KD & Co Lawyers, we provide clear, practical advice to help you understand your rights and achieve a fair outcome. Whether you’re filing for divorce, negotiating a property settlement, or formalising agreements through consent orders, our experienced team is here to guide you every step of the way.
Take the Next Step
Divorce and property settlement are two sides of the same coin when it comes to ending a marriage, but each requires careful attention and planning. Protect your future by seeking expert legal advice early in the process.
At KD & Co Lawyers, we are committed to making the legal journey as smooth and stress-free as possible. Contact us today for personalised advice tailored to your unique circumstances.
Call us on 08 7084 3060 or email us at lawyers@kdandcolawyers.com to schedule a consultation.
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