ARTICLE · 30 JANUARY 2023

After separation, who should move out?

JB Solicitors

Explore more from JB Solicitors

When couples separate and want a divorce, they have to follow eligibility requirements.

AustraliaFamily and Matrimonial

Author LinkedIn connections

After separation, who should move out of the marital home? One of the crucial factors in approving a divorce application is if both couples have lived separate lives after breaking up. When couples separate and want a divorce, they will have to follow eligibility requirements. Here are the following requirements:

At least one parent must have been born in Australia or have become an Australian citizen
An Australian citizen by grant of Australian citizenship
Are lawfully residing in Australia and intending to stay in Australia
Must have been living in Australia for at least the last 12 months
The relationship has irretrievably broken down with no chance of reconciliation

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

When Is A Party Taken To Be Joined To VCAT Proceedings? The Peril Of Delay In Joinder Applications

AustraliaFamily and Matrimonial

The Silent Theft - Fraud And Elder Financial Abuse

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

Non-Agency Child Support In Australia: What Counts And How To Claim It

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

Understanding Special Disability Trusts: A Guide For Families

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

When One Child Farms And The Others Do Not

AustraliaFamily and Matrimonial

HHG Legal Group

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Family and Matrimonial
- Divorce
- Family Law

Related Comparative Guides

Comparative Guide

Family Law

See more popular content from

Family and Matrimonial

How much does a family lawyer make in Australia?

Article dives into the financial aspects of being a family lawyer in Australia.

AustraliaFamily and Matrimonial

Unified Lawyers

When Does A Relationship Become A De Facto Relationship?

Understanding when a relationship becomes legally recognised as de facto in Australia is more complex than many believe. This article examines the legal framework under the Family Law Act 1975, exploring how courts assess relationships of varying durations and what factors truly determine de facto status beyond the commonly misunderstood two-year threshold.

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

Father Custody Rights Australia: Can He Take The Child?

When no parenting orders exist in Australia, both parents hold equal legal authority over their child under section 61C of the Family Law Act 1975. However, the 2024 legislative changes have fundamentally...

AustraliaFamily and Matrimonial

Unified Lawyers

Can A Beneficiary Be An Executor Of A Will In Australia?

There's nothing in Australian law that disqualifies a beneficiary from being an executor of a Will.

AustraliaFamily and Matrimonial

When A Signed Will Is Not Enough: What A Recent Supreme Court Decision Says About Online Estate Planning.

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.

AustraliaFamily and Matrimonial

HHG Legal Group

Shared care after separation - is 50/50 a right?

Separating parents often ask whether they have a right to equal, week-about care of their children, but Australian family law does not work that way. This article examines when shared care arrangements succeed, how courts now assess applications for equal time following major 2024 reforms, and why no parent can claim a legal entitlement to a 50/50 split.

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

Constructive Trusts And Property Disputes

Equity is a powerful tool in the hands of a party to a family property dispute. This paper will examine the circumstances in which the courts will find the existence of constructive trusts or other equitable rights, how they will enforce them, and the effectiveness of this route in meeting the client's requirements.

AustraliaFamily and Matrimonial

Exclusive Occupation of Family Home after Separation

Separating from a partner is hard enough without also having to work out who’s staying in the family home. Some couples manage to keep living under the same roof for a while after separating, but that’s not always realistic, especially where things have turned hostile or there’s a risk of family violence.

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

Featured on - Beanstalk Mums: How to get a divorce if you cannot find your ex

This article from "Beanstalk Mums", discusses the divorce process if you cannot find your ex-spouse.

AustraliaFamily and Matrimonial

It Depends – What Happens To My Superannuation Under Family Law?

When couples separate in Australia, superannuation is always included in the property pool and subject to division. Whether you keep your super, split it with your former spouse, or negotiate an alternative arrangement depends on mutual agreement or the court's assessment of contributions and future needs.

AustraliaFamily and Matrimonial

Cooper Grace Ward