According to the state of Victoria, separation is when you and your spouse no longer live together as a married couple or having a marriage like relationship. In separation there are no legal process and your spouse need not agree to the separation before you separate form him or her but you must let he or she know that there is no chance of getting back together as husband and wife.
Therefore to satisfy the court in your application for divorce, you must prove that you and your spouse have lived separately for a period of 12 months or more and that there is no intention to reconcile or live as married couples. An annulment is granted when the court decides that a marriage was not in accordance with the law.
A divorce does not take care of issues relating to child and property. The arrangements for child support and property division must be made separately and not postponed till your divorce is finalized before you begin to make the arrangements. The law of the state of Victoria suggests that divorcing couples should make use of the family dispute resolution to sort out issues relating to child support and property and if after their meeting, both spouses fail to reach an agreement, they would have to settle it in court.
Family dispute resolution is when spouses try to reach an agreement about;
1) Children and parenting
2) Property division
3) Spouse maintenance
4) Child support and adult maintenance
Spouses who have an application of divorce in court use family dispute resolution because;
1) It is faster than a court case
2) You make your own choices
3) Freewill to pick a date when you would want to have talks about the arrangements
4) It is less expensive
5) Compared to a court case, it is less stressful
Before you go to court to grant orders regarding property, parenting orders and custody of children, you will have to have tried the family dispute resolution first and if you and your spouse can’t reach an agreement then you can approach the court. In cases where there has been family violence or child abuse, you can go directly to the court without a certificate of family dispute resolution.
Family dispute resolution is not meant for cases of annulment or divorce i.e. where there are no property or children under the age of 18.