About Separation
It's Important to know your rights about separation.
A separation lawyer can help you.
- Our Process
- The Law
- Mediation
The last thing you want when you have finally decided on separation is for a complex, expensive route to be presented by a law firm. That's why when you choose to partner with us we make every effort to support you and provide a simple, low cost route to a successful separation. Our family law team can hold your hand through the entire process and getting started is easy.
FreePhone case assessment
Let’s talk about your relationship confidentially. We will need to run through some basic details with you to ensure we can actually provide some valuable assistance. Get the process started now, by making a quick enquiry.
Book appointment with our divorce lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound advice & pathway forward
Once you have run through everything with our team, you might decide to proceed with a property settlement and formal arrangements for your children. Our fixed fee quote will allow you to avoid any nasty surprise legal bills.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
- Past Cases
- Good Results
- Happy Clients
Separation
FAMILY LAW ACT 1975
Section 313: Defines Separation.
(1) The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties.
(2) The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other.
In Plain English
Separation is simply a state of fact that exists where one (or both) parties no longer consider themselves to be in a partnership and there is no reasonable prospect of reconciliation.
Before separation
Before you separated, you should plan your course of action. Things to consider include:
- where you will go and when?
- what items will you take with you?
- will you take the children?
- what about the pets?
- do you fear a violent response?
- can you take the family car?
- does your departure create any legal implications?
After separation
Once you have separated, you can make arrangements for the distribution of your property and the living arrangements for your children. You don’t have to 12 month to get matters resolved, the 12 months of separation is simply the qualifying period for a divorce.
Property and children’s arrangements may be finalised by coming to a settlement with your spouse, or you can make an application to a court.
Reaching an agreement with your former partner offers many advantages, such as:
- you make your own decisions;
- you greatly reduce the financial and emotional costs of legal proceedings;
- your continuing relationship as parents, if you have children, is likely to work better;
- you are able to move forward and make a new life for yourself; and
- you may improve communication with your former partner and be better able to resolve disputes in the future.
For parenting cases, you also have the option to make a parenting plan.
Mediation
Dispute resolution
Mediation is a process in which a family dispute resolution practitioner, independent of all the parties, helps people resolve some or all of their disputes with each other during and after separation and divorce. It is an effective tool to deal with disputes early and quickly. It is also useful when you want or need to maintain a healthy relationship with the other party.
Prior to mediation taking place, each party will be assessed to determine whether the service is right for your particular situation. Every mediator will have a different method of facilitation, but there are some common features. These include:
- Sessions are held together to give each party or their representative the opportunity to set out their interests and concerns.
- Private sessions are also held to discuss possible agreements.
- During joint sessions, parties are able to discuss preferred outcomes.
- If an agreement is reached, this is recorded for the courts.
- If an agreement is not reached, mediators attempt to narrow down the issues between the parties that will have to appear before the court.
Anything that is discussed during a mediation session is confidential and cannot be used by one party against the other during any subsequent court hearings.
If you cannot resolve your dispute, you will receive a formal document proving that you have tried family dispute resolution and that it did not work, or was not suitable, for your situation. This is provided to the court.
Dealing with: Your children
Children are affected by separation and conflict. You should:
- Keep your children informed about what is happening
- Hear their opinions and concerns
- Continue to carry out your responsibility as a parent to them
- Minimise outbursts of anger in front of them
Meanwhile start thinking about what care and maintenance arrangements you would like for your children, for example:
- How you’re going to share parenting with your separated partner.
- Current and future schools.
- Child support or allowance.
- Division of responsibility like sending your children to football games or birthday parties.
- If you want to send your kids to counselling and how to share payment for those sessions.
Dealing with: Your family
Sometimes family members are concerned and involved in your breakup. Sometimes they can be a good support system when you need their help with finances, advice or caring for your children.
However dealing with concerned family members is a balance of not shutting them out but still giving yourself space to make your own decisions.
Be aware of their ‘advice’, especially if they have had their share of relationship ‘baggage’. Remember that only you and your partner are aware of what happened in your relationship and you know what is best.
Taking care of: Yourself
For many people, a separation or divorce is an isolating, raw and uncertain time for you.
It is important that you reach out to those around you who are able and willing to help you. They may be family, friends or counsellors. During this time, you should take time out to grieve the loss of your relationship, feel your anger and learn your lessons. There is no rush to ‘move on’ or ‘get over’ the separation, and everybody recovers at their own pace.
Some find that
- counselling,
- reading self-help books, and
- doing things that they used to do are a good way of recovering.
You can also focus on the future and the possibility of meeting someone new and different.
Meeting your ex-partner again
Mentally prepare yourself for when you will see your ex again. Whether you like it or not, you will see them. It may be at mediation, when you drop your kids off at their house for shared parenting arrangements, accidentally on the street, or in court.
Take control of the situation and find a time and place to meet your ex-partner for the first time after the separation. Over time you will get used to the separation and be ready to move on.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
- Past Cases
- Good Results
- Happy Clients
Our Process
The last thing you want when you have finally decided on divorce is for a complex, expensive route to be presented by a law firm. That's why when you choose to partner with us we make every effort to support you and provide a simple, low cost route to a successful divorce. Our family law team can hold your hand through the entire process and getting started is easy.
FreePhone case assessment
Let’s talk about your relationship confidentially. We will need to run through some basic details with you to ensure we can actually provide some valuable assistance. Get the process started now, by making a quick enquiry.
Book appointment with our divorce lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound advice & pathway forward
Once you have run through everything with our team, you might decide to proceed with a property settlement and formal arrangements for your children. Our fixed fee quote will allow you to avoid any nasty surprise legal bills.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
- Past Cases
- Good Results
- Happy Clients
The Law
Separation
FAMILY LAW ACT 1975
Section 313: Defines Separation.
(1) The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties.
(2) The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other.
In Plain English
Separation is simply a state of fact that exists where one (or both) parties no longer consider themselves to be in a partnership and there is no reasonable prospect of reconciliation.
Before separation
Before you separated, you should plan your course of action. Things to consider include:
- where you will go and when?
- what items will you take with you?
- will you take the children?
- what about the pets?
- do you fear a violent response?
- can you take the family car?
- does your departure create any legal implications?
After separation
Once you have separated, you can make arrangements for the distribution of your property and the living arrangements for your children. You don’t have to 12 month to get matters resolved, the 12 months of separation is simply the qualifying period for a divorce.
Property and children’s arrangements may be finalised by coming to a settlement with your spouse, or you can make an application to a court.
Reaching an agreement with your former partner offers many advantages, such as:
- you make your own decisions;
- you greatly reduce the financial and emotional costs of legal proceedings;
- your continuing relationship as parents, if you have children, is likely to work better;
- you are able to move forward and make a new life for yourself; and
- you may improve communication with your former partner and be better able to resolve disputes in the future.
For parenting cases, you also have the option to make a parenting plan.
Mediation
Mediation
Dispute resolution
Mediation is a process in which a family dispute resolution practitioner, independent of all the parties, helps people resolve some or all of their disputes with each other during and after separation and divorce. It is an effective tool to deal with disputes early and quickly. It is also useful when you want or need to maintain a healthy relationship with the other party.
Prior to mediation taking place, each party will be assessed to determine whether the service is right for your particular situation. Every mediator will have a different method of facilitation, but there are some common features. These include:
- Sessions are held together to give each party or their representative the opportunity to set out their interests and concerns.
- Private sessions are also held to discuss possible agreements.
- During joint sessions, parties are able to discuss preferred outcomes.
- If an agreement is reached, this is recorded for the courts.
- If an agreement is not reached, mediators attempt to narrow down the issues between the parties that will have to appear before the court.
Anything that is discussed during a mediation session is confidential and cannot be used by one party against the other during any subsequent court hearings.
If you cannot resolve your dispute, you will receive a formal document proving that you have tried family dispute resolution and that it did not work, or was not suitable, for your situation. This is provided to the court.
Dealing with: Your children
Children are affected by separation and conflict. You should:
- Keep your children informed about what is happening
- Hear their opinions and concerns
- Continue to carry out your responsibility as a parent to them
- Minimise outbursts of anger in front of them
Meanwhile start thinking about what care and maintenance arrangements you would like for your children, for example:
- How you’re going to share parenting with your separated partner.
- Current and future schools.
- Child support or allowance.
- Division of responsibility like sending your children to football games or birthday parties.
- If you want to send your kids to counselling and how to share payment for those sessions.
Dealing with: Your family
Sometimes family members are concerned and involved in your breakup. Sometimes they can be a good support system when you need their help with finances, advice or caring for your children.
However dealing with concerned family members is a balance of not shutting them out but still giving yourself space to make your own decisions.
Be aware of their ‘advice’, especially if they have had their share of relationship ‘baggage’. Remember that only you and your partner are aware of what happened in your relationship and you know what is best.
Taking care of: Yourself
For many people, a separation or divorce is an isolating, raw and uncertain time for you.
It is important that you reach out to those around you who are able and willing to help you. They may be family, friends or counsellors. During this time, you should take time out to grieve the loss of your relationship, feel your anger and learn your lessons. There is no rush to ‘move on’ or ‘get over’ the separation, and everybody recovers at their own pace.
Some find that
- counselling,
- reading self-help books, and
- doing things that they used to do are a good way of recovering.
You can also focus on the future and the possibility of meeting someone new and different.
Meeting your ex-partner again
Mentally prepare yourself for when you will see your ex again. Whether you like it or not, you will see them. It may be at mediation, when you drop your kids off at their house for shared parenting arrangements, accidentally on the street, or in court.
Take control of the situation and find a time and place to meet your ex-partner for the first time after the separation. Over time you will get used to the separation and be ready to move on.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
- Past Cases
- Good Results
- Happy Clients
