According to experienced Australian lawyers, separation is a very specific phenomenon under Australian law of domestic relations, because it has a complex and transitory nature, particularly due to its evidentiary significance in a gradually deteriorating marriage. On the other hand, separation is imbued with prominent emotions at varying stages of grief. Thus, separation in Australia is frequently connected with the below stages of grief:

• Denial and shock in the relationship
• Actual anger and blaming of either the former partner or some different person that is allegedly responsible for the deterioration of marriage
• Depression and sadness
• Acceptance and accommodation to new conditions of life

Regulation of separation under Australian statutory and case law

Australian courts substantially extended the statutory dimensions of separation under Australian law. Thus, in Fields & Smith, the court ruled that it was just and equitable to make an order for property settlement.[1] Also, the court verified the equality of contributions pre-separation by the parties and found that the assets of the parties did not alter post-separation due to the efforts of either party. In deciding the case, the court also took into consideration changes in the role of the wife as parent and homemaker post-separation and decided that the changes did not decrease her entitlement to an equal division of the property. In the final analysis, the court held that there should be equal distribution of the parties’ assets upon separation.

Cooperation can help reduce Legal Costs

Every divorce case is different and unique. Competent family lawyers can help resolve problems related to divorce proceedings. Some cases are easily settled while others take time and tend to become acrimonious. As a general rule of thumb, cooperation and collaboration play a crucial role in reducing legal costs and minimising valuable time spent haggling over funds, monies and property. The more time spent in court, the higher are the costs that both parties are likely to incur. Divorcing spouses must consider costs involved for filing various motions in Family Court, paying for mediation services as well for other legal services.

Unfortunately, many divorcing couples have a tendency to make decisions or communicate in a way that is driven by emotion and ego rather than calm rationale and logic. This sort of approach not only results in increased costs, stress and worry but also has an adverse effect on children (if any).  Divorce can be an emotionally, legally and financially challenging experience and it’s a good idea to work towards resolution rather than litigation. Read on for a few important facts regrading the process of divorce in Australia: