A member asked almost 10 years ago

Divorce versus separation

What is the difference between being separated and being divorced?

Val Antoff
Lawyer at Irdi Legal

After a divorce order has issued you can remarry. Before a divorce order has issued you may be separated but you are still legally married and it is a criminal offence in Australia to marry another person.

Divorce will affect your existing will, whereas separation won't.

After a divorce order has issued you will have 12 months to apply for property settlement.

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Answered almost 10 years ago   Legal disclaimer

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