DIVORCE AND SEPARATION. THINGS YOU NEED TO KNOW

Stages of Separation

Separation is a major step for everyone. It is a time when you need help and information the most.

It is no doubt a stressful experience, and it is very important to have support of your friends and family. For some it is not enough or even not available. What are your options then? Professional assistance may help you and your kids cope better with the changes. There are numerous support groups you can reach out to online and in person.

What You Need to Consider

When you separate, you and your former partner will need to make some immediate practical decisions:

• Who will stay in the house and who will move out?
• Who will care about your children?
• Who will pay daily expenses, particularly if one of you does not have sufficient income?
• Who will pay the mortgage? The rent? The bills?
• What will happen to the joint savings? The car?

When emotions are high it may be very difficult to agree on all these issues. Try to take one step at a time and reach at least a temporary agreement.

Family Relationship Centres and private mediators can be of great help.

Getting a legal advice is a good idea. We can help you understand your legal rights and responsibilities, explain you the usual legal process involved in separation how the law applies to your situation. We can also explain and help you reach an agreement with your former partner without having to go to court.

Legal Basics 

You and your partner do not need both to agree for separation to take place. When at least one of you takes a decision to separate, acts on that decision and communicates this to the other, the separation commences. In some cases it is best to communicate the decision to separate in writing. Later, particularly in the situations of separation under one roof, you may be asked to prove the date when separation occurred.

There are no specific legal requirements for separation. Generally, you’re separated when you stop living together as a couple. One person may move out of the family home, or both can be continue living together but lead separate lives. The latter is known as ‘separation under the one roof.’

While no single factor is conclusive, the separation generally occurs when you stop:

• sleeping together
• having a sexual relationship
• sharing meals and domestic duties the way it used to be before
• sharing money and bank accounts
• socializing together as a couple.

Important Dates

If you are married, you will need to wait for 12 months since the separation date before you file an Application for Divorce. The date of separation may also be relevant in property settlement proceedings.

With de-facto couples and same-sex relationships the concept of separation is largely the same. However, the date of separation is important in that you have two years from the date of your separation to make an application to the Family Court about property settlement.

It is Never Too Early To Get Legal Advice

Getting a legal advice is a good idea. We can help you understand your legal rights and responsibilities, explain you the usual legal process involved in separation how the law applies to your situation. We can also explain and help you reach an agreement with your former partner without having to go to court.