Going Through Divorce or Separation

Separation means the ending of an intimate partner relationship. This includes the end of a marriage, defacto relationship or other personal relationships.

It is often a difficult time, and you may feel unsure about what to do next.

This section provides information and support for people whose relationship is ending. It includes useful tips about how to look after yourself, services to help and the basics about family law.

Services like counseling and family mediation are available to help people who are separating. These services can help people to make arrangements for children and money without going to a family law court.

Alternatives to court
Most Indians do not need to go to a family law court to make arrangements for children and parenting or dividing property after their relationship ends.

While a divorce order must be obtained through the court, there is no need for parenting and financial arrangements to be decided by a court, except where the former partners cannot agree.

The majority of Indians whose relationships break down find that they are able to make arrangements for children and property themselves, or with some help from family, mediators and Family Dispute Resolution providers.

Parenting – how to make arrangements without going to court
If you are no longer in a relationship with your child’s other parent, it’s best for everyone if you are able to make an agreement with them about how your children will be cared for. Protracted conflict about their care can be harmful for children.

Family Dispute Resolution
Family Dispute Resolution (FDR) is a special type of mediation to help separating families to come to their own agreements with professional assistance from an accredited Family Dispute Resolution Practitioner.

Money and property – how to make arrangements without going to court
Former partners are encouraged to agree on arrangements for their property without going to court. Going to court to solve disputes with your ex-partner about how to divide property is expensive, can take a long time, and in the end may not give you the result you want.
The family law courts require people applying for property settlements to make a genuine effort to resolve their matter before filing their application.

Informal agreements
Informal agreements can be made without the help of a lawyer. However, they are not enforceable by a court, which means that you may end up having to go to court in the future if you or your former partner wants to ask for another property settlement. It may make more sense to make a financial agreement or have consent orders made.

Financial agreements
A financial agreement is a written document that states how your property is to be divided. It can be made before, during or at the end of your relationship. It does not have to be approved by a court, but there are strict rules about financial agreements. You must obtain legal advice if you want to make a financial agreement.

Separation and counseling
Family relationship issues can be stressful and emotionally difficult. Talking things through with a family law counselor may help you manage your situation. Family law counselling can help you with the emotional impact of separation. It can also help you communicate better with your former partner about issues that need to be decided.

A family law counselor can help you to develop strategies for activities such as family mediation.

Counseling services are available to couples who are together or separated. It can include extended family members such as grandparents and kinship carers.