Shamac Lawyers ~ Empowerment, Support & Devotion

Absolutely! We are always happy to help formalise agreements that have been reached privately. However, we can only act on behalf of one of the parties, i.e. you both cannot be his direct client.

No matter where you are across the globe, if your matter relates to Victorian law, or Australian family law, we can assist you. We have a number of clients who live or work internationally and is pleased to be able to offer a service that accommodates these clients.

Many people will contact us before they choose to separate. He can help to give you a good understanding of what to expect if you do decide to separate and can assist you to form a plan of action.

As Officers of the Supreme Court of Victoria, we are committed to client confidentiality, so if you need to get legal advice before making the decision to separate, you will be provided advice with discretion and understanding.

A person is in a de facto relationship with another person if they are in a relationship as a couple living together on a “genuine domestic basis” but are not legally married to their partner.

You do not need to be living together to be considered as being in a de facto relationship. This is only one of the factors that will be considered. The other factors that will be considered include:

1. The duration of the relationship;

2. The nature and extent of the couple’s common residence;

3. whether a sexual relationship existed;

4. The degree of financial dependence or interdependence between the couple;

5. The ownership, use and acquisition of property;

6. The degree of mutual commitment to a shared life;

7. The care and support of children; and

8. The reputation and public aspects of the relationship.

You can legally still be in a de facto relationship even if one or both of you are legally married to or in a de facto relationship with other people.

However, regardless of whether you are technically in a de facto relationship, the Court only has the power to make orders for the division of property or spousal maintenance if it is satisfied that:

1. You have been in a de facto relationship for at least two years; or

2. There is a child of your relationship; or

3. That one of you has made substantial contributions (financial, non-financial or as a homemaker or parent) and a failure to make an order would result in a serious injustice; or

4. Your relationship has been registered under State or Territory legislation.

To be eligible to file an Application for Divorce, the Federal Circuit Court of Australia must be satisfied that your relationship has irretrievably broken down and that there is no prospect of reconciliation.

Before filing an Application for Divorce you must have separated from your spouse for at least 12 months prior to filing an Application for Divorce. It is possible to live together under the one roof and still be considered to be separated. In this circumstance you may be required to produce evidence from neighbours, friends and family confirming that you were separated whilst living together under the one roof.

The court has the power to grant a divorce if either party:

1. Regards Australia as home;

2. Intends to live in Australia;

3. Is an Australian citizen; or

4. Ordinarily lives in Australia and has been living in Australia for 12 months prior to the filing of an Application for Divorce.

If you have children from the marriage, the court must be satisfied that appropriate arrangements have been made for their care.

The living arrangements for children after separation are based on who the child “lives with” and who the child “spends time with”. The children may “live with” both parties on an equal basis or they might “live with” one parent and “spend time” with the other parent.

Irrespective of which parent the children live with or spend time with, it is important to note that there is still a presumption of “equal parental responsibility”, which relates to the long term decisions about the children’s welfare, such as decisions about education, religion, medical matters.

If the arrangements for the children post-separation cannot be agreed between the parties, the first step is to arrange family dispute resolution mediation.