Common questions
Using amica
If you have received an invitation to use amica from your former partner, it means your former partner wishes to come to an agreement with you regarding property and parenting using amica.
amica is for couples who are genuinely separated or separating. Learn more about separation.
You do not have to accept an invitation to use amica. amica is suitable for separated couples who are reasonably amicable, and whose situation is not complex. It should suit many separating couples. You can check if you think amica is right for you here.
Separating can be an emotional time. At the same time you need to think about practical matters like arrangements for children, and dividing your money and property. It is important to take care of yourself during this period. There are a range of different services that can help, from support such as counselling to legal help.
Family violence
If you think you might be experiencing family violence do not use amica. See more family violence help information here.
It depends on your situation. You should only use amica if you feel safe and comfortable sharing information with your former partner. Get more family violence help information here.
Relationships
Separating means that you and your former partner/spouse no longer live together as a couple. Divorce is a different process to separating and is the formal ending of a marriage in the form of a divorce order. Only the Federal Circuit and Family Court of Australia can issue a divorce order, and only when: - your relationship has broken down and there is no reasonable likelihood that you will get back together (this is evidenced by being separated for at least 12 months); and - Australian citizenship or residency requirements have been met.
Most amicable couples simply want to make sure their arrangement is fair, and in line with what most other separated couples in their situation have done.
This is where amica can help. Designed by family lawyers, amica helps guide separating couples to finalise their parenting arrangements and property division online. Through the application of amica’s artificial intelligence, you can resolve your property division based on your own circumstances.
amica’s award winning design also allows you to make ongoing arrangements for the children if you have any. Just remember, you cannot divorce until you have been separated for 12 months, but if the relationship has ended, you can get started with your separation and be independent from your former partner using amica.
amica is supported by the Australian Government and recognised by the Federal Circuit and Family Court of Australia and Family Court of Western Australia.
Children and parenting
amica is only for separating couples. You can seek legal help from the free Legal Help Line in your state or territory about grandparents' rights in relation to grandchildren.
Asset division
When you separate, you need to think about practical matters like dividing your money and property. The way in which couples decide this depends on their individual circumstances. To divide your belongings fairly, you need to consider how the cash, assets and debts of the relationship will be split. The following needs to be considered:
Determine the value of all property (estimate).
Assess the contributions of each person.
Examine the future circumstances of each person; and
Ensuring a fair and equitable settlement,
If you are unable to reach an agreement, then you may need to go to seek legal advice before making an application for Consent Orders. If you do come to an arrangement with your former partner, the Federal Circuit and Family Court of Australia and Family Court of Western Australia has a wide discretion to make an Order that considers, if the division is fair and equitable.
Family court
amica is not suitable for situations where there are already existing court orders or ongoing cases. If you need help with existing court orders or an ongoing case, you can contact the free Legal Help Line in your state or territory.
Migration and family law
You should get urgent legal advice if you are on a visa or seeking a visa which is dependent on your relationship with your partner, and you are separated or separating. This is a complex area of law and timing is important. Get legal help from the free Legal Help Line in your state or territory.
Payments
amica will give refunds in accordance with statutory requirements and other limited circumstances. We don’t offer “change of mind” refunds.
If you’d like to request a refund, contact us at: amica@lsc.sa.gov.au within 30 days of your payment. Please make sure to include a copy of your receipt and an explanation of why you are requesting a refund.
We will review your refund request and let you know the outcome directly. If a refund is approved, then it will usually be processed within 14 days.
Find out if amica is right for you
Answer these seven short questions to help you decide if amica is right for your situation.
Check if amica is right for you