You're an Australian citizen or resident

One of you must be an Australian citizen or have been ordinarily resident in Australia for more than 1 year. If at least one of you isn't an Australian citizen or has been ordinarily resident in Australia for more than a year, you'll need to consult a family lawyer in your jurisdiction.

 

You've been married for at least 2 years

You must have been legally married for more than 2 years. If you've been married for less than 2 years, you must first have considered a reconciliation with the assistance of a family counsellor or seek the leave of the court to divorce.

 

Neither of you own a family business or a trust

Neither of you must own or control complex assets such as interests in a trust or a family-run business. 

SoloSeparate only covers simple assets like real estate and superannuation. If you have a business or trust, you’ll need a lawyer to help you. Perhaps try www.bespokefamilylawyers.com.au.

 

Your super is regulated and being paid into

If either of you have a superannuation fund, it must be regulated and you must be paying into it. It's tricky to value self-managed funds, unregulated funds or funds in the payment phase (e.g. after retirement), so SoloSeparate doesn't deal with such funds. A lawyer should be able to give you specific advice on this.

 

You can both find and maintain employment

You must both be capable, physically and mentally, of securing and maintaining gainful employment. If either of you is incapable of finding and keeping a job, you may be eligible for spousal maintenance. SoloSeparate does not cover ongoing payments from one spouse to another following separation. It might be worth finding a lawyer to help.

 
 

You can agree matters free from threat, duress or coercion

You must be able to agree parenting matters free from threat, duress or coercion. SoloSeparate is designed for couples with relatively equal bargaining power and who are not subject to controlling and coercive behaviour.

 

If you are experiencing this kind of behaviour, please contact Solo Legal. It is a trauma-informed family law firm, which may be able to help you get through this.

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