All cases which involves divorce is handled by the Federal Circuit Court of Australia in Queensland, and ending a marriagein situations where you and your spouse have children and joint property should always be done with the aid of a lawyer. To get divorced in Queensland, you must prove you have been separated for 12 months and in cases where you get back together for a period of 3 months after an initial 4 months of separation then separate again for another 8 months, the separation will still be counted as a separation of 12 months. But if after separation of 3 months, you get back together for a period of 4 months and separate for another 8 months, only the 8 months will be counted as separation and you won’t be eligible to get a divorce.
In cases where you have children in your marriage, you and your spouse would have to make provisions for the maintenance of the children to ensure that the children will be well taken care of because the court will want to know;
1) Where the children will live?
2) How they will be financially supported?
3) Details about the provision for the education and Health care of the children, and
4) The relationship of the kids with you and your spouse and any other relevant person in your lives.
Furthermore, you can still get a divorce if you and your separated spouse both live under the same roof as long as you can prove that both of you have been living totally separate lives. This is known as ‘separation under the one roof’.
In deciding if you are separated ‘under the one roof’, some of the factors that will be considered are;
1) If you sleep together?
2) If you have sex or sexual activity?
3) If since separation you have been sharing meals and domestic duties in a different way from
the time you were married?
4) If you share bank accounts and money?
5) If family and friends think of you as separated.
If you and your spouse are separated ‘under the one roof’ andseeking a divorce, get legal advice from a lawyer.
If you need help or mediation you can contact Queensland Law Society, Legal Aid Queensland for assistance and for more information on divorce visit Family Law Courts in Queensland or seek the services of a lawyer.