Formally Ending a Relationship

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Marriage relationships end with separation, and then divorce. Many people do not realise that there is no formal process to effect a separation.

However, a formal application is involved for divorce. It can be made to either the Family Court or the Federal Magistrates Court, depending on where you live and what Court services your locality.

Not all marriages are celebrated in Australia. What is the status of overseas marriages? In some situations it may be necessary for an overseas marriage to be declared valid.

In some cases, parties may have thought they were entering into a valid marriage only to find this was not so. What should they do?

De Facto Relationships

There is no formal process for ending a de facto relationship. Conversely, there is no formal process upon the formation of a de facto relationship.

What of the more topical and controversial issue of an overseas same sex marriage? How will it be treated in Australia? What if a same sex couple married overseas and living in Australia ends their relationship? Will the marriage be recognised in Australia and can they obtain a divorce? Or will it not be recognised as a valid marriage, and be treated as a de facto relationship? What law applies to property issues in such a case?

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