People live in different types of partnerships or relationships. Some couples are heterosexual while others are same sex or trans-gender partnerships. Some people marry or register their partnership and others live in de-facto relationships. Some of these differences matter when it comes to separation and divorce as it can affect upon which rules apply to your situation.

If your relationship with your partner breaks down you may decide to separate or divorce. This means that the marriage, registered union or de-facto relationship has come to an end. Both people can make this decision or one person alone can decide to end the relationship.

Separation means the legal end of a relationship or intimate partnership. Whether or not you are married the date of separation is important so it is a good idea to record this. Divorce is the formal legal ending of a marriage. You need to apply to the Federal Circuit Court for a divorce. You must have separated for 12 months before this can happen. The court must also be satisfied that the breakdown is beyond repair.

A relationship breakdown is extremely difficult for both people. It can be a very stressful time and you may experience a range of emotions. It is important that you know you can reach out for help. There are specialist services that can provide you with the support you need to work through some of these emotions and the practical decisions that need to be made. You may need to make decisions about children, property, finances and practical issues like personal property and living arrangements.

This Legal Guide on Separation and Divorce provides information about the steps you may need to take and the issues you may need to address if there is an irretrievable breakdown in your relationship and one or both of you decide to separate or apply for a divorce. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.