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 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.