Separation

Separation within Family Law is defined as the bringing of the end of a marriage or de facto relationship. If you have separated, or are contemplating separation, it is important to understand what your rights are and how you can take control of your circumstances. We understand that this period in your life can be extremely stressful. We provide advice and assistance to help you through your situation and work towards the best outcome.

 

It is our goal to give you a clear picture as to how family law applies to your situation and what impact separation may have upon your children, finances and property. The best time to speak to us is ideally prior to separating, however if you have already separated, we can help you with this process and explain your options moving forward.

 

What is separation?

Separation is defined as the end of a marriage or de facto relationship.
On occasion, the date of separation is subject to dispute. This can be relevant in terms of a property settlement. It is important in these instances that you understand what the Court may consider in determining the date of separation.

Can I speak to a lawyer before I have separated?

If you intend to separate with your spouse or partner, we encourage you to speak with us before separating in order for us to advise you about your options and how this may impact you. Generally, we are able to assist in making the entire process smoother when giving you advice prior to separation.

Do I need a lawyer?

The short answer is no. You do not need a lawyer to help you separate however it is often in your best interests to do so. Sometimes it is a hard decision to determine whether you should hire a lawyer after separating, as often people are unsure of financial circumstances.
We can provide you with advice to determine what you are entitled to, how to proceed with the division of assets, parenting arrangements and a range of other issues that are likely to arise. Often there are also urgent matters that need to be addressed, such as spousal maintenance and child support issues.

Do I need to register my separation?

There is no form or organization to register a separation and there is no need to do so within the Family Law legislation. It is however advantageous to confirm the separation in writing or in some other form that can be produced at a later date for potential legal matters.

Can I live in the same house and still be separated?

Yes, it is possible to be separated whilst continuing to reside in the same house. This is a common issue given that more often than not, people do not have another house to move into. The Court considers a number of factors in determining whether parties to a relationship have separated despite continuing to reside in the same residence.

How can I get my spouse or partner to leave the house?

There are no particular laws that deal with the issue of who is to move out of the former matrimonial home after separation. There are some circumstances that can dictate whether or not a spouse or partner has the obligation to move out of home particularly in instances where domestic violence has occurred.
If you find yourself in this situation, we strongly suggest that you call us urgently for advice in relation to your separation.

If my children remain in my care, can I apply for Child Support?

Yes, you may be eligible to receive child support payments from the other parent of your children. It may be necessary for you to apply to Child Support for a child support assessment. The amount that a parent will be assessed to pay will depend on the income of both parents, the child’s age and how much time the child spends under the care of each parent.
We advise that you contact us for assistance in seeking a child support assessment or finding information about what other benefits you may be entitled to receive.

Should I take my personal belongings with me?

Yes, you should take your personal belongings with you if you leave the home. There are circumstances where it may not be appropriate to do so and this is why we would encourage you to obtain urgent advice with regard to this matter. Ideally an agreement between the parties will avoid future complications, however we understand that this is not always the case.
Show Comments