Following a separation, a question we are often asked is how soon is too soon? It might be in reference to when arrangements for their children can be put in place, or when a property settlement or divorce might occur, and other times it is about starting a new relationship, or perhaps continuing one which caused the breakdown of the last.
Australia is a no-fault jurisdiction, meaning that while ever one party may be grieving and as much as it may hurt, at law it is irrelevant as to whom left whom, or who may have cheated on who. In order to Divorce, there must be a twelve (12) month period of separation and often while be it a little awkward and perhaps not ideal on a personal level, there is scope under the Family Law Act (1975) for such separation to occur under the same roof. With regards to parenting arrangements, there are no time constraints as to when you and your ex-spouse may either reach agreement or have a Court intervene to make decisions about your children. Likewise, for a property settlement this can occur as soon as the parties would like it to and/or within two (2) years of a Divorce Order being made and in regards to de-facto couples, you have two (2) years from the date of separation to resolve matters without leave of the Court.
Sometimes to resolve matters in one relationship before the next becomes intertwined while perhaps not ideal, just isn’t how it works out in life. However it may be for you and your family, our team is genuinely interested in talking to you and hearing from you about what your unique circumstances are so that an outcome may be achieved for you and your family moving forward.