What does equitable division of property mean?
Equitable distribution is a legal theory whereby marital property is distributed equitably in a divorce proceeding. Property assets are classified as either separate property or marital property. Most US states follow the equitable distribution theory.
What is fair in a divorce settlement?
People facing a property settlement at the end of a marriage or de facto relationship often assume that it is “fair” that each party to the relationship receive 50 percent of the assets, debts and superannuation.
How do you prove living apart and separate?
Furnishing Proof of Separation Generally, the only proof offered is the testimony of the plaintiff, whether by verified pleading or by live testimony. You just say you’ve lived separate and apart for at least a year. You don’t need any piece of paper to prove that.
Can you separate but live in the same house?
A couple can be treated as separated even if they live in the same property. Separated but living together in the eyes of the law means you must maintain separate households. Essentially this means you must lead separate lives, despite the fact you are living under the same roof.
Do you have to live separately to get a divorce?
Separation generally means living apart from each other. It can be unilaterally initiated by either spouse, or mutually decided. To prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months.