The granting of a divorce does not decide issues about property or parenting arrangements. To make arrangements about these issues, you can:
- make an agreement with your former spouse and file it at court (consent orders); or
- in circumstances where you are unable to reach an agreement, seek orders from a court.
In relation to parenting matters, there is also the option to make a parenting plan
It is important to note that if you wish to apply for a division of property and/or maintenance for yourself, you must file a separate application. This must be filed within 12 months of the date that your divorce became final. If you exceed this time limit, you will have to obtain the Court’s permission.
Similarly, in relation to de facto relationships, you must apply to the Court for a property settlement within 2 years of your separation date. If there is a dispute about when the separation occurred, you should get advice from a lawyer as soon as possible. If you issue proceedings more than 2 years after separation, you need to seek permission from the Court to proceed with your application.