What is the difference between a divorce and a property settlement? - 25 September 2023

 

In Australia, ‘divorce’ means the legal process for bringing the marriage between a couple to an end, not the process of dividing up the property of the relationship nor addressing parenting arrangements. When you have first separated from your wife, husband or partner, you are probably more concerned about finalising your financial affairs and working out shared parenting arrangements, rather than legally ending your marriage.

A property settlement can be done at any time after separation. If you and your spouse are separated but not yet divorced, you can still begin negotiating the division of your assets and liabilities between you. A divorce, however, can only be applied for when you and your spouse have been separated for at least 12 months and one day.

Some of our other articles explain why you should consider applying for a divorce as soon as possible and explain the process for getting started.

 

If you are separating from your wife, husband or partner, it can be confusing and daunting to prepare for and the stress and emotions involved can run high. It is always a good idea to talk to a lawyer who knows what you need to consider to protect your interests and ensure that your separation goes as smoothly as possible.

We at Mott & Associates will understand your priorities and empower you to make the best decisions you can. We are available to offer you the best representation and best advice for your circumstances.