## Are you and your former partner amicable?

You might want to consider using amica where you can negotiate freely the arrangements in relation to your children and/or money and property without the need of a lawyer. 


Are you and your former partner amicable?

## Family violence

#### Safety first

If you’re worried about your safety or unsure about whether you are at risk of violence contact [1800 Respect](https://www.1800respect.org.au/violence-and-abuse/domestic-and-family-violence "1800 Respect"). This service can help you identify family violence. It’s free, confidential and available 24/7.

#### Situations where you shouldn’t use amica

  - If you don’t feel comfortable or safe sharing information with your former partner.
  - If there is a family violence order in place in relation to you and your former partner.

After reading this information, do you feel comfortable and safe sharing information with your former partner on amica?

## Family Court time limits

There’s no time limit if a separating couple wants to reach an informal agreement between themselves
without going to court or filing for consent orders. 

However, if you want to apply for a formal order for things like dividing your money and property, or for spousal maintenance, then time limits apply. These time limits don’t apply for parenting arrangements. 

#### Situations where you shouldn’t use amica

- If you are divorced and it’s been 9 months or more since your divorce was finalised. This is because you are getting close to the 12 month time limit the Family Court sets for divorced couples.
- If you were in a de facto relationship and it’s been more than 1 year and 9 months since the breakdown of your relationship. This is because you are getting close to the 2 year time limit the Family Court sets for de facto couples. 


After reading this information, do any of these time limits apply to your situation? 

## Your relationship 

amica is suitable for separating couples who were in a relationship that is recognised under Australian family law. This includes marriage, de facto relationships, and registered relationships. 

#### Situations where you shouldn’t use amica

- If your relationship isn’t recognised under Australian family law as a valid marriage, de facto relationship or registered relationship. Or if there’s a genuine dispute about this. 
- If you’re on a visa or currently applying for a visa which is dependent on your relationship with your former partner. 


After reading this information, is your relationship recognised as valid under Australian family law?

## Your children

amica can help you and your former partner to make parenting arrangements for the children you had together who are under the age of 18. This includes biological children (including children born using IVF) and adopted children. 

#### Situations where you shouldn’t use amica

- If your former partner has removed or threatened to remove your children from their home.
- If there are any existing court orders in place about your parenting arrangements. 
- If you or your former partner want to relocate with your children.
- If you are trying to make parenting arrangements for children born outside of the relationship (for example stepchildren).
- If the children have been subject to care and protection orders, or child protection services are involved with your family (for example child welfare agencies have removed the children from your care). 
- If the paternity of the children is in question or there are surrogacy issues. 


After reading this information, do any of these issues apply to your situation? 

## Money and property

amica can help you and your former partner to fairly divide your money and property when you separate. But there are some financial situations where amica is not suitable.

#### Situations where you shouldn’t use amica

- If you and your former partner plan to continue owning any money and/or property jointly.
- If you or your former partner are currently going through bankruptcy or were bankrupt during the relationship.
- If you or your former partner have gained money through crime or fraud, or have fraud allegations against you.
- If you and your former partner’s property or financial situation is complicated, for example:
     - Any money or property that was owned or shared during the relationship is held in a company or trust. 
     - One of you is a director of a company that forms part of the money or property that was owned or shared during the relationship
     - You have property that is also owned by someone else outside of the relationship. 
     - You or your former partner have property or money overseas. 
     - One of you intentionally caused any material wastage of money and property during the relationship. 
     - One of you incurred any undisclosed liabilities during the relationship.
     - If a caveat has been lodged over a property of the relationship. For information on caveats please visit [https://lawhandbook.sa.gov.au/ch23s08s01s04.php]


## Financial Disclosure
To divide money and property, both you and your former partner must provide full and frank disclosure of your financial circumstances. This includes all money, property, debts, income, superannuation and other financial resources.

If you intend to create and file an Application for Consent Orders, you must disclose all assets owned by either of you, whether it is held individually or jointly.

This obligation ensures that all information is provided regardless of your intention.


Are you both prepared to provide complete financial information?

Under the Family Law Act, animals owned by you and your former partner are treated as property. The Courts can make orders about a family pet that meets the definition of companion animal.  A companion animal is an animal kept primarily for companionship.  

#### Situations where you shouldn’t use amica

•	If you want to create an application for consent orders for a companion animal.


Do you require an application for consent orders for a companion animal?

Answer some simple questions to find out if you can use the amica app for your separation

Find out if amica is right for you

Form to determine if Amica is right for you

__Important: amica outage__

amica will be unavailable on Monday, 14 September, from 10:00 am to 11:00 am AEST due to planned maintenance.

We apologise for any inconvenience.

Answer these eight short questions to help you decide if amica is right for your situation. 