Going through a separation is difficult for everyone involved. At Australian Family Lawyers, we provide you with straightforward advice and representation when you need it most.
Dedicated and caring family lawyers for your separation
When a de facto relationship or marriage breaks down and you make the decision to separate, you need information and advice on how to proceed. Now that you have made the tough emotional choice, you will need to make some practical decisions, like organising parenting arrangements, property settlements, and divorce proceedings.
The process of separation
When separating from your partner, your partner does not need to agree to the separation, but they do need to know that you think the relationship is over.
When going through a separation you will need to divide any shared assets, property, and parenting responsibilities. It is helpful to speak to an experienced separation lawyer from the start to understand what you’re entitled to in separation and protect your rights and interests from the outset.
A separation lawyer can help you to understand how the law applies to your situation and will help you to commence any relevant proceedings such as arranging a family dispute resolution conference.
If you and your ex-partner are able to agree on how to divide your assets and care of any children, you may be able to finalise your separation without needing to attend court.
Sometimes an agreement cannot be reached about how to divide assets or care of children, which may require you to attend court to have a decision made on your behalf.
If you wish to apply for a divorce from your ex-partner you will need to show that you have been separated for a period of 12 months with no chance of reconciliation. A divorce must be lodged with the court.
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Commonly asked questions about separation
A separation is the process of choosing to no longer live in a domestic partnership with your de facto partner or spouse. You do not need to attend court to formalise a separation; you can make this decision and be separated without needing to involve the court.
However, if you wish to get a parenting order for the care of your children, or if you wish to get a divorce, you will need to attend court to formalise this.
Australian family law dictates that people separating who want to split their assets or work out parenting arrangements must attend a conference to try and resolve any differences on their own before involving the courts.
You are required to attend this mediation session unless there is family violence, or clear evidence that one party is unwilling to cooperate.
When people share assets during a partnership they will usually split these assets upon separating. If the parties cannot agree on how to split the assets, the court can work out a property settlement which is based on a range of factors.
There is no formula for how a property settlement is decided; every case is decided on its own merits. Every partnership will have an identified property pool, and then any relevant contributions (including non-financial contributions) will be identified, before a judge will make a decision on how assets are to be divided based on justice and equity.
About Australian Family Lawyers
Our team of dedicated family lawyers are committed to the swift and dignified resolution of your separation. We know how tough this time is on you and we are here to offer support, guidance, and industry-leading representation during your separation.Discover the AFL difference