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If you have any questions, either generally or in relation to a specific SoloSeparate step, we're sure you'll find the answers here.

General

Is this legal advice?


No. SoloSeparate Pty Ltd provides this product as a tool for your general information only, and not as legal advice or a legal service. It cannot address your specific legal needs and circumstances with this tool. It is your responsibility to make all appropriate enquiries, conduct necessary research and obtain all relevant details to satisfy yourself that SoloSeparate is suitable for your needs. You are responsible for checking each document generated for errors, omissions and forms of expression prior to signing, sending, filing or otherwise using the document. Each final document is based on your considered and concise responses to the interview questions, especially where free text is entered. Your use of the interview process and the final document does not create a retainer or lawyer-client relationship between you and SoloSeparate Pty Ltd, and is not an offer to enter into a costs agreement. If you need legal advice, please contact the law society in your state.




Why are interests in trusts or a business excluded?


SoloSeparate allows you to divide your property equally. In order to do so, you must first value all the assets of the marriage. Valuing a complex asset such as a family business or trust is quite complicated. There is a lot of case law around exactly how complex assets will be valued. Not something a really simple online DIY divorce kit can handle, unfortunately. You may receive more or less than half of the property pool if you have a contested matter in court. If you want to explore possible entitlements, you must consult a lawyer.




​ What’s the deal with one of us being unable to support ourselves after the divorce?


SoloSeparate doesn't allow for continuing payment from one spouse to another after separation and divorce. If you would like to find out if you may be entitled to spousal maintenance, please speak to a lawyer.​




Why is it important that there’s no threat, duress or coercion involved?


SoloSeparate requires both parties to be honest, upfront and truthful. Coercive controllers can be perpetrators of family violence and unable to compromise in the interests of their children. If either of you is afraid of your spouse or believes they neglect or abuse your children, please call a trauma-informed lawyer as soon as you can.




Will the information we give during the interview remain confidential?


Yes. Automio Limited hosts the "bots" which interview you and collect your information. Automio takes the privacy of all data it receives on the platform very seriously. To be a market leader in data security & privacy they are always monitoring, reviewing and updating their practices. You can view Automio's current privacy policy here.




​How about our data? Where will it be stored?


Your data is hosted by Automio Limited on the Google Cloud platform in Sydney’s data centre. Click here for more info. All Automio services are encrypted and stored across SQL and Redis, which are both on scheduled backups (once daily). This is stored in a separate data centre. Remote access to data and sensitive administration services are limited to essential staff with strong passwords and are also protected by Cloudflare. Subscriber access to the platform is via password-protected login.




What about my credit card details?


All platform credit card processing is handled by Stripe, one of the world’s leading payment providers. We do not hold, nor have access, to your payment details.




Is SoloSeparate open to anyone provided they're eligible?


In theory yes, although we have to state you will both need to be relatively intelligent, sensible, and native English speakers (or have a strong command of English if it's not your first language). This is not about elitism or discrimination. It’s partly about helping to ensure that you have relatively equal bargaining positions. It’s also because SoloSeparate involves quite a lot of reading, understanding and following instructions. If you’re concerned about your ability to understand the process, now or after you’ve taken any of the steps, please see a lawyer.




Do I need to submit personal identification as part of the process?


SoloSeparate does not require the submission of identification documents.

However, in Step 4, you will apply to the Family Court of Australia for property consent orders. The court may ask you for additional documents, such as identification, if necessary.

When you both file for divorce (in Step 6), you will be required to upload your marriage certificate to the Commonwealth courts portal.





Step 1

How does the valuation checklist work?


The valuation checklist will help you identify all your assets (including real estate), liabilities (or debts) and superannuation. A series of online interview questions will build a list of your property pool (including everything you own, whether jointly or in separate names). The output will be a Word document into which you can type the relevant asset valuations, outstanding debt and current superannuation amounts, once you obtain them. This will form the basis for your property divider in Step 2.




Do we need to be honest about our assets?


Yes. In Step 4 you will be required to make a Statement of Truth that the information you provide in the application for financial consent orders is true and all other facts are true to the best of your knowledge, information and belief. You will also confirm that the orders sought are supported by evidence and that any estimates given in the application are based on your knowledge, information and belief and are given in good faith (in other words, honestly, fairly and sincerely). You must each make full and honest disclosure of your financial circumstances in this step. This includes your earnings, interest in property and any other financial resources. Read rule 13.04 of the Family Law Rules 2004. Failing to disclose your financial circumstances involves serious consequences, including the consent orders (prepared in Step 3) being set aside. You may also be fined, charged with contempt of court or required to pay the legal costs of your spouse. So be honest about your financial circumstances. And if at any time you feel that your spouse is attempting to hide assets or otherwise withhold information about their finances, contact a family lawyer immediately.




Is there anything we need to get started?


Before you take Step 1, it might help to make a note of everything you both:

  • own | assets like houses, cars, boats, money in bank accounts and superannuation; and
  • owe | liabilities such as mortgages (ie loans secured by real estate), other loans, and credit cards.
Even think about tax debts or potential tax credits. The purpose of the exercise is to gather a complete list of all of your assets and liabilities (whether owned jointly or in your separate names).




What will the checklist look like?


Once you complete the questionnaire (which should only take a few minutes if you know what you’re dealing with) you will be emailed a valuation checklist table in a Word document which follows the following format:

  • Column 1 | Assets - all the assets you own, the liabilities you both owe, and any super funds you have.
  • Column 2 | Completed - will provide space for you to write the dates you obtained each asset or liability valuation.
  • Column 3 | Value - will also be blank, so that once you obtain a value and both agree on it, you can add it to this column.
In the following weeks, collect the valuations and insert them into the third column.




Why are the questions in the valuation checklist so specific?


Before you can split your property (both assets like real estate and liabilities like loans) it needs to be valued. The starting point for most valuations is “fair market value”. The checklist includes how to obtain a fair market value for the items listed (such by Redbook for motor vehicles). So it’s not just a valuation checklist but also a roadmap to help you obtain property values (from a boat to a superannuation interest).




When do our property valuations need to be valid?


Your property pool should be valued as at the date of the hearing or settlement of your property matter. When it comes to SoloSeparate, your property valuations should be valid when you take Step 4 (making an application for property consent orders in the Family Court).

Although the property values you include in the application may change before the registrar considers (or hears) your application, this should be close enough to be accurate. It is virtually impossible to value all property on the precise day. Valuations close to that time are sufficient.

If you have any issues valuing your property or coming to an agreement on valuation, please contact your local valuation agent before taking Step 4 of SoloSeparate.





Step 2

How does the property divider work?


The property divider is an Excel spreadsheet which invites you to describe your assets, debts and superannuation, as identified in the valuation checklist (Part 1). You will then list the amounts currently owned or owed by each of you (eg for a jointly owned family home, you’ll input half the value for the wife and half for the husband). Once you’ve completed the first (or current) tab, the property divider will magically tally these into the second (or proposed) tab. As the name suggests, this tab will let you play around with your property division until you’re both happy with it. The only values which can be changed will be the amounts allocated to the husband or wife. This step also includes a comprehensive pdf user guide which will take you through a worked example, in case this is as clear as mud.




What do we need to consider in deciding our property division?


In order to determine how to divide your property pool, you will first need to consider how each of you contributed to the acquisition, conservation and/or improvement of the property you own in your joint or sole names. This includes property you currently own or which you may have sold or disposed of during the marriage. As well as financial considerations, you'll need to assess the non-financial contributions each of you have made to the welfare of the family, including in the capacity of parenting or home-maker. The assessment includes initial contributions which either of you made to your relationship before your wedding and during the course of your marriage. Secondly, you'll need to consider your future needs, which may include your ages and health, your income, property and financial resources and your capacity for appropriate gainful employment, whether either of you will have the care and control of your minor children, any commitments to support other children or persons (such as elderly parents), your eligibility for a pension or government benefit, whether both parties are able to maintain a reasonable standard of living, how any debt division will affect the relevant creditor, whether the duration of the marriage has affected your relative earning capacity, the need to protect either parent and any child support payable. The main question to bear in mind when deciding how to divide your property is: "Will the outcome of this property settlement, in all circumstances, be just and equitable?" In other words, will the property division be fair for everyone involved (including both spouses, your children, any creditors and/or superannuation trustees)? If this sounds too difficult to assess yourselves, you may wish to take Steps 1 and 2 anyway. Assess the value of your property and then try to figure out how best to split it with the property divider and user guide. If you still can't agree on a fair division, or you're not sure how to assess your contributions, consult family lawyers and ask for their advice on an appropriate division of property. It will still save you time and money by narrowing the issues to be considered.




Can we do the property divider on our own, or should we ask for some help?


The property divider, as a tool, is simple enough to use. However, it may be difficult for you to decide what is in your best interests when allocating property and superannuation between you as part of your property settlement. Please seek independent advice from a qualified accountant and/or financial advisor if you are unsure. Feel free to take the property divider with you so they can help you complete it.




Will stamp duty be payable on property we transfer to each other?


Stamp duty (also called transfer duty) is a tax levied by all Australian territories and states on property purchases. However, each jurisdiction has stamp duty exemptions or concessions for family breakdown situations. They may apply to real property (such as houses) or personal property (such as motor vehicles or shares). Call your tax advisor for advice in relation to stamp duty, or check the following for further information.

  • ACT | s 232F of the Duties Act 1999 (ACT)
  • NSW | s 68 of the Duties Act 1997 (NSW)
  • NT | s 91 of the Stamp Duty Act 1978 (NT)
  • QLD | s 424 of the Duties Act 2001 (QLD)
  • SA | s 71CA of the Stamp Duties Act 1923 (SA)
  • TAS | s 56 Duties Act 2001 (Tas)
  • VIC | s 44 Duties Act 2000 (Vic)
  • WA | s 131 Duties Act 2008 (WA)




Will capital gains tax be payable on property we transfer to each other?


CGT is a tax imposed by the Federal Government which normally applies to any change of ownership of an asset. However, if you transfer an asset to your spouse because of the breakdown of your marriage, you may be eligible for a rollover of the asset. Click here for information or ask your tax advisor for advice in relation to CGT.




How does the superannuation splitting of a base amount work?


SoloSeparate gives you the tools to apply for a court order to share your superannuation with your spouse as part of your property settlement. This is called “super splitting”. So how does it work? You can agree to split a base amount of super with your spouse. It will either remain in your superannuation fund until your spouse reaches their condition of release (such as retirement) or they can ask that it be rolled over into their eligible fund. The above is for your information only. If you would like to transfer a base amount into your own super fund or if you need advice about the impact of superannuation splitting on you and your spouse specifically, please consult a financial advisor.




Will tax be payable if we split our super?


According to the ATO, where a new interest in super is created for the non-member spouse, any super benefits subsequently taken by the non-member spouse from the new super interest are taxed according to the current rules for member benefits. Click here for further information or consult your local tax agent for advice on the tax consequences of splitting your super.




Is there anything tricky about transferring a tax debt?


Yes. Transferring a tax debt from one spouse to another is quite a complex process. Please contact the Australian Tax Office and seek independent legal and financial advice before attempting to do so. If there is any other way you can split your assets and debts without changing your tax obligations, then it’s the easier way to go.




What if we want to keep the house (or other property) and transfer the mortgage to one spouse?


Having one spouse keep the family home (or other property) and having the remaining mortgage transfer to them requires some additional procedural steps. The spouse who wants to keep the property will need to be able to afford it and must be able to take on the mortgage when the house is transferred. Contact the financial institution providing the mortgage and ask if they will let the relevant spouse take on the mortgage solely in their own name. Do this before you complete this step, and again before you take Step 3 (consent orders), as their position may change between steps.




What happens if we split our investments by transferring shares?


The consent orders you will prepare as part of Step 3 make the relevant spouse responsible for transferring, assigning and delivering any shares to the other spouse. This should mean the court doesn’t need to make any orders in respect of third parties. But don’t forget to check beforehand whether you can transfer your investments (other than superannuation) easily from one to the other. This also applies to ownership of life insurance policies and any other type of asset where a third party has an interest in it. If you’re confused by this bit, please see a lawyer or financial expert for further advice.





Step 3

How do the consent orders work?


Step 3 involves using the agreed property divider to answer interview questions, which will generate draft Proposed Orders by Consent. You don't need to sign these, just keep them and make sure you both agree with them. In Step 4 you will make an online application to the Family Court for financial consent orders and upload the Proposed Orders by Consent in support of your application. A registrar will then make (or issue) the orders by email, if they consider them to be just and equitable. Neither of you will be requried to attend court in order to make this happen.




When should we sign the documents?


Don’t sign the Proposed Orders by Consent yet. You’ll sign them once you’ve completed the Application for Consent Orders in Step 4.




Are there any time limits?


Once you’ve completed Step 3, you will need to move quickly to complete Step 4. This is to keep your property values accurate so that you don’t need to start from Step 1 again. If necessary, refresh the values again before you complete Step 4 (preparing the Application for Consent Orders). Please try to avoid buying or selling anything of value following separation, and avoid using joint credit cards. This may affect the property pool and how it should be divided.




Who drafted the consent order templates, and how do they work?


Templates which form the basis of the consent order precedent have been drafted by a lawyer but the information you provide will not be examined or reviewed by a lawyer. The consent orders will only reflect your input.





Step 4

How does the orders application work?


Step 4 involves applying to the Family Court to issue the orders you prepared in Step 3. This will be a difficult time, but it’s important to move quickly with your application. You will need to download the Family Court’s Applications for Consent Orders Kit in DOC format. Complete it as agreed in the property divider (remembering that the wife is the Applicant and the husband the Respondent). The reference numbers in the property divider correspondence with the questions in the Application for Consent Orders. Once you’ve agreed that the application is correct, the wife (as applicant) will register as a new user on the Commonwealth Courts Portal, make a family law e-Filing and select Application for Consent Orders in the Family Court of Australia. This video will explain how to e-file. If you have any questions about this process, please visit www.familycourt.gov.au, contact livechat on the website or call 1300 352 000. If you are feeling nervous about filing with the court, ask a lawyer to review the application and consent orders before you file them. This should be a fraction of the cost of having the lawyer draft and file the documents themselves.




Can the court reject the application?


The court can make the consent orders, which means the registrar will sign the Proposed Orders by Consent and send you sealed copies. You won’t have to attend court and the settlement will be legally binding on you. If the registrar is not satisfied, they will notify you with a brief explanation as to what you need to do. It may be necessary for your application to be heard in court. In which case, you may wish to seek assistance from a family lawyer. Consent orders do not need to be investigated by the court as fully as contested orders, but the court will investigate more deeply when both parties are unrepresented by a lawyer (as is the case if you SoloSeparate). SoloSeparate Pty Ltd does not guarantee that the consent orders will be made as drafted, if at all, and makes no representations or warranties, express or implied, about any decision the court may take.




When should we sign the documents?


You need to sign and date the statement of truth (in Parts J and L of your Application for Consent Orders) on the same day as you sign each page of the Proposed Orders by Consent.




Are there any time limits?


You also need to file your Application for Consent Orders within 90 days of the first signing the Statement of Truth. Otherwise the consent orders may not be made.




How long will it take to process the application for property consent orders?


After you have taken Step 4 and filed the application for consent orders, the family court usually takes from 6 to 12 weeks to process your application. You may apply for urgent processing in limited circumstances. If the court finds that your application is missing information or does not represent a fair outcome for both parties, they not make the orders but instead contact you to rectify the errors or omissions in the application. If the errors are serious, then the application for consent orders may have to be redrafted and submitted. This will delay finalisation of your orders and may be stressful and costly. If your application is urgent (eg you need to sell your house urgently) or you are concerned about making the application for consent orders without professional assistance, please seek advice from a family lawyer.




Do we need to be honest about our assets?


Yes. In Step 4 you will be required to make a Statement of Truth that the information you provide in the application for financial consent orders is true and all other facts are true to the best of your knowledge, information and belief. You will also confirm that the orders sought are supported by evidence and that any estimates given in the application are based on your knowledge, information and belief and are given in good faith (in other words, honestly, fairly and sincerely). You must each make full and honest disclosure of your financial circumstances in this step. This includes your earnings, interest in property and any other financial resources. Read rule 13.04 of the Family Law Rules 2004. Failing to disclose your financial circumstances involves serious consequences, including the consent orders (prepared in Step 3) being set aside. You may also be fined, charged with contempt of court or required to pay the legal costs of your spouse. So be honest about your financial circumstances. And if at any time you feel that your spouse is attempting to hide assets or otherwise withhold information about their finances, contact a family lawyer immediately.




When do our property valuations need to be valid?


Your property pool should be valued as at the date of the hearing or settlement of your property matter. When it comes to SoloSeparate, your property valuations should be valid when you take Step 4 (making an application for property consent orders in the Family Court).

Although the property values you include in the application may change before the registrar considers (or hears) your application, this should be close enough to be accurate. It is virtually impossible to value all property on the precise day. Valuations close to that time are sufficient.

If you have any issues valuing your property or coming to an agreement on valuation, please contact your local valuation agent before taking Step 4 of SoloSeparate.




Can we sell our house or car while we wait for the orders to be processed?


You should not transfer, sell, or purchase significant assets until the consent orders have been issued by the registrar and a copy emailed to you. If you wish to transfer, sell or purchase assets without consent orders, please obtain legal advice from an experienced family lawyer immediately.





Step 5

How does the parenting plan work?


You will answer a series of interview questions about how you’d like to parent your children after separation. The output from these questions will be a parenting plan, which is a written document setting out the agreement you reached in relation to matters affecting your children. The parenting plan will be emailed to you in a Word document. Feel free to keep it in draft form for a little while and test it out. If you’re happy with it, you can print, sign it, keep a copy each and you’re away. If not, you can tweak it to reflect the arrangements which work for you and your separated family.




What will the parenting plan cover?


The main factors covered in the parenting plan are:

  • whom the children will live and spend time with | the parenting plan provides a variety of options for time during the school term – alternate weeks, alternate weekends (with fixed or alternate weekdays), half weeks, fortnights or freestyle (make your own arrangements). The parenting plan user guide will spell out the different options;
  • where the children will spend special occasions and birthdays | you can choose to alternate religious or cultural occasions on an alternate-year or split-day basis and to include time for the children to spend with the parent they’re not living with on their birthday, Mother’s Day and Father’s Day;
  • who will have parental responsibility for the children | this is fixed at equal shared responsibility for decisions concerning major long-term issues for the children. Decisions regarding day-to-day care will be taken by the parent with whom the children are living;
  • what happens if a parent is unavailable to care for the children | this is fixed at calling the other parent but you can also choose to include a back-up that the children can be cared for by a relative or trusted friend of the family;
  • the communication a child will have with other people | the SoloSeparate parenting plan permits the children to communicate with the other parent at all reasonable times and also for the parenting plan to be shown to doctors, schools and other organisations to obtain any reports required;
  • parent’s behaviour | you will both agree to speak of the other parent respectfully, not to discuss care arrangements or denigrate the other parent in their hearing or pass messages through the children;
  • travel arrangements | you can choose whether you’re happy for the other parent to take the children interstate with consent or on notice. The plan provides that you will not remove the children from Australia without the other parent’s consent and the remaining parent may seek legal advice before agreeing to the travel;
  • medical care, school and extra-curricular activities | you can agree on a specific doctor, which schools the children will attend and who’ll be contacted first in the case of an emergency;
  • death of parents | the plan will specify that if one of you dies before the children turn 18, the other parent will assume full responsibility for care of the children. In the event that you both die, you can nominate a guardian of your minor children;
  • reviewing the parenting plan | until your youngest turns 12, you should review the parenting plan every year to ensure it reflects the needs of your children. After this, the review will be every two years until your youngest child turns 18 (and you’re no longer responsible for them); and
  • resolving disagreements | your first step will be to contact a Family Relationship Centre and the second to meet with a family dispute resolution practitioner. If you can’t agree which practitioner to appoint, one parent can find three and the other can choose one.




Will the parenting plan cover expenses?


The parenting plan will not cover any financial support for the children, including education, medical or living expenses. This is because child support arrangements can be made through Services Australia. You may also choose to make a separate bespoke agreement about how to share the cost of raising your children. This is called a binding child support agreement and can only be made if you’ve had legal advice. Click here for more information. You may decide not to make formal arrangements for child support. However, when you apply for divorce in Step 6, you’ll need to explain how your children will be financially supported.




Why is child support arranged separately?


There are a few ways to decide who and how much child support each parent should pay to the other. Most require lawyers to implement. Given SoloSeparate is lawyer-free, the option offered in this step is to make an application to Services Australia. We won't take you through that process but we will provide the link so you can apply yourselves. Click here to see if you’re eligible for a child support assessment. If you’d like an idea of what your child support payments might be under this system, take a look here. Please investigate your options – either taking the child support agency route or crafting a bespoke binding child support agreement or consent orders. Consult a lawyer (if you’re still not sure) before proceeding with this step.




Can we change the parenting plan?


Parenting plans can be amended at any time if you both agree to the changes.Parenting plans can be amended at any time if both parents agree to the changes. The plan actively encourages reviewing and amending it as the needs of the children change. This is one reason why Step 5 is a parenting plan rather than including parenting in the consent orders in Step 3. Court orders can only be varied by the court and only if there has been a material change in circumstances.




Why doesn’t the parenting plan mention child custody?


Deciding whom a child will live or spend time with after their parents separate used to be called making custody or contact arrangements. These terms are no longer used in Australian family law (although you may come across them in American movies).




What is parental responsibility?


Parental responsibility is essentially a responsibility to make all such decisions as are necessary to ensure that a child’s needs are met. This responsibility continues until the child is 18, regardless of any change in their parent’s relationship (such as separation or remarriage).




What do we need to keep in mind?


When you’re answering the interview questions for your parenting plan, the best interests of your children are the most important consideration.




Why is it a “parenting plan” rather than a court order?


A parenting plan is an informal agreement between you about matters concerning your children. SoloSeparate assumes that you won’t need to enforce your parenting agreement, because you will continue to act reasonably and rationally in co-parenting your children together, from now until they turn 18. Parenting plans are not, of themselves, enforceable. They cannot be the subject of an application for contravention. However, they can be used as evidence if a breach occurs. Parents who seek enforceable arrangements will need court orders. If you think your spouse will breach the parenting plan, or if they actually do, consult a lawyer to see if parenting orders are required.




Where can I get help?


There are programs are available to help you if you are experiencing difficulty in complying with your parenting plan. For more information, go to www.familyrelationships.gov.au, call 1800 050 321 or visit a Family Relationship Centre near you.




What if my children are young or have special needs?


If your children are younger than four or need extra help because of a medical, emotional or learning problem, you may require additional support to make an appropriate parenting plan which will support their best interests.

If you're concerned about appropriate arrangements for your children, seek advice from a child psychologist or your family therapist before taking Step 5 of SoloSeparate.





Step 6

How does the divorce application work?


It’s time to log back into the Commonwealth Courts Portal, start a new file, select Application for divorce in the Federal Circuit Court of Australia, follow the directions to completion and you’re away. If you’re not sure how to proceed at any point with the divorce application online, visit www.familycourt.gov.au, contact their livechat on the website, call 1300 352 000 or visit a family law registry near you.




When do we apply for the divorce?


You will need to wait precisely 12 months and one day after the day you officially separate to file your application for divorce online.




When will the divorce take effect?


At the end of the application, you’ll be invited to choose a court hearing date. Given you’ll be applying jointly, you don’t need to attend that hearing. The divorce order will be effective one month after this order is made. The court will notify you through the email address you provide when you make the divorce application. SoloSeparate Pty Ltd does not guarantee that your divorce application will be granted. This decision is entirely at the discretion of the Family Court. SoloSeparate Pty Ltd makes no representations or warranties, express or implied, that the divorce order will be made. You will bear any professional fees or costs (including filing costs) associated with consulting a lawyer to draft and file additional evidence or amending and re-filing the application for divorce.




How much will it cost?


The Federal Circuit Court of Australia filing fee for a divorce application is $930 (that’s all up, so you can split it between you and it will be $465 each). You may also be eligible for a reduced fee of $310. Check the guidelines here to see if you are entitled to apply.




What supporting documents will I need to have handy to complete the application?


In order to complete the divorce application, you’ll need electronic copies of:

  • your marriage certificate (which you collected in Step. 1); and
  • your parenting plan (from Step 4). Upload a signed copy when asked.
Unless the court requires additional information, these should be the only documents you need to upload to the courts portal.




How do I answer the questions about the children?


The divorce application will ask you additional questions about time and communication with the children, financial support for them, their health and education. The parenting plan will not cover the answers to all these questions. It’s important that you include further details about the children in these questions. For example:

  • time | the amount and frequency of time the children communicate with the parent they are not living with and how (by telephone, face-to-face etc);
  • financial support | who pays for the costs of raising the children, including child support and maintenance actually paid or agreed and assess but not being paid;
  • health | details of the children’s current health status and any diagnoses, treatment or ongoing medical needs; and
  • education | which schools the children attend, the year level, how they’re progressing at school and care before and after school.
If the court asks for additional information, you can prepare a written statement confirmed by oath or affirmation for use as evidence in court. This is called an “affidavit”. Click here for directions on how to prepare and file an affidavit. If you are not comfortable preparing or filing an affidavit, then please seek advice from a lawyer before doing so, or approach them to draft and file on your behalf.





Can we SoloSeparate if...

We're in a de facto relationship?


Not at this stage, unfortunately. The 6 steps are based on the laws for married couples. But if you want a solution for de facto couples, just email us and let us know.




We're in a same-sex marriage?


Given same-sex marriage has only recently become legal in Australia, we figured nobody would be divorcing quite yet, so the pronouns in the consent orders and parenting plan documents are gender-specific. However, this is not a barrier to same-sex couples following the process - you would simply need to change the pronouns in the Word documents to reflect your situation.




We don't have children?


Absolutely. SoloSeparate is modular, so each step can be taken independently of each other, meaning you don't have to take Step 5 (the parenting plan) if you don't have children.




We’ve already sorted out our property arrangements (but nothing else)?


Ideally, you would complete all of the SoloSeparate steps in the process in sequence, and in line with the prescribed timing, for it to work. However, if you have already agreed on your property arrangements independently of using SoloSeparate, there is nothing to stop you taking the other steps (provided you're eligible to do so).




One of us brought a lot of money into the marriage or received a windfall during the marriage?


Yes. It's simply for you to agree on what a fair division of your property pool will be, taken into account what you brought into the marriage or received during it.





 
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