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Are you and your spouse having problems in your marriage? Are there children involved? Do you think a divorce is long due? Do you know the separation and divorce process in Australia? Are you struggling to decide if you want to go through a legal separation process in Australia or a divorce? Worry not, because here we will answer all your questions.

Let us explain both terms to you firstly; a legal divorce is similar to divorce because of child custody, visiting and childcare, spousal support and property division. You will still be married to your husband/wife, but you will live separately, unlike divorce. This article explains the difference between a separation and divorce process.

A legal divorce is an order of the court, which mandates a couple’s rights and duties when they are still married but live apart. Although legal separation is not very common, it can especially be helpful when the wives deal with any individual or financial problems that affect marriage. As both processes have advantages and disadvantages, considerations of legal separation vs. divorce must be made of a lot.

The main difference between legal separation process in Australia and a divorce is that you are still married to your wife when separated, even if you live apart. You must then take the legal steps necessary to put an end to your marriage if you decide to get divorced.

Why is a legal separation process in Australia preferred over a divorce in most cases? There are several valid reasons why people decide to separate themselves legally but stay married. This includes the following:

For religious or moral reasons, you and/or your spouse are against divorce
A spouse will soon qualify for government benefits for his or her spouse (for example, social security)
One spouse remains eligible for health and insurance benefits of the other spouse if they remain married.
You and your spouse are paid a tax benefit if you are married
You and your spouse think that you can reconcile after you have spent time apart.
You and/or your spouse find negotiating a separation agreement less nerve-racking than filling a divorce agreement

The similarities between the two are as follows;

The court shall decide the following in both divorce proceedings and in legal separation proceedings:

Maintenance of separation (legal separation is equivalent to a child support and alimony but is different from the effects of divorce, generally by means of’ motion pending proceedings’)
The guardianship of the child
Childs Visitation rights
Division of the property, depending on how it affects the situation of either of the spouses.

You can read the fine print that is associated with those benefits if you decide to stay married because one partner has the right to the benefit of the other (such as the social insurance or health insurance). Some advantages are specifically excluded from eligibility by legal separate spouse.

A divorce lawyer with experience in legal separation can provide you with an account of the advantages and disadvantages of a separation and divorce process. You should also discuss the financial consequences of legal separation with a financial planner or accountant.

Always understand both rules of a legal separation and a divorce before coming to a conclusion, especially when there are children involved and the financial status of both spouses.