Separation Lawyers
“Harpreet is insightful knowledgable and very rational. We have learned from him a lot during those 2 hours and no matter what the outcome will be, we know that with him we will get the maximum positive outcome that we could possibly get.” -Marianna Balint
Your Trusted Separation Lawyers
At Justice Family Lawyers, we acknowledge that separation involves a deeply emotional and complex journey. Our team of dedicated separation lawyers in Sydney provides more than legal expertise; we offer compassionate support and understanding during this challenging time.
With extensive experience in family law, we approach each case with sensitivity, ensuring personalised and empathetic legal guidance for every client. Our goal is to streamline the separation process, guiding you through legal intricacies with clarity and care.
We are committed to safeguarding your rights and interests while seeking amicable solutions that serve the best interests of everyone involved.
Choosing our law firm means gaining a supportive ally. We provide sound advice and unwavering support, standing by you every step of the way. Trust us to be your advocate and guide as you embark on this new chapter of your life.
Our Services
- Legal Consultation
- Property Settlements
- Child Custody and Support
- Spousal Maintenance
- Drafting Separation Agreements
- Post-Separation Planning
- Legal Modification of Agreements
Let us Help You
Reach out for an exploratory conversation.
How to Legally Separate in Australia
- Communicate the Decision: Communicate your decision to separate from your partner.
- Living Arrangements: You and your partner need to decide how your living arrangements will change. You can live in separate residences or remain under the same roof while demonstrating your lives are now separate.
- Inform Others: It’s helpful to inform organizations like Centrelink, Medicare, and the Child Support Agency, as well as update banks, schools, etc.
- Parenting Arrangements: If you have children, create a parenting plan for their care, even if it’s informal at first.
- Financial Considerations: Work out the division of assets, debts, and ongoing financial obligations.
- Seek Legal Advice: Consult a lawyer to comprehend your rights and responsibilities during the separation process.
- Separation Agreement: Create a detailed separation agreement outlining asset division, child custody, and support arrangements.
- One-Year Separation Period: Abide by the Australian law requiring at least one year of living apart before applying for a divorce.
- File Divorce Application: After the one-year separation, submit a divorce application in the Federal Circuit Court.
- Mediation Services: Engage mediation services to resolve disputes and finalise separation terms amicably.
We address all aspects of family law
Your journey, our advocacy.
AVO
Child Custody
Child Support
Consent
Orders
De Facto Property Settlement
Divorce
Mediation
Prenup
Property Settlement
Separation
Wills and Estates
Learn what steps you can take next.
What Is Separation
Moving out of the same house upon separation from your spouse is often unfeasible due to financial concerns, lack of alternative housing, ensuring a smoother transition for children, or other reasons.
Despite residing together, the court may still recognise this as ‘separation’.
As per the Family Law Act 1975 (Cth), a minimum period of 12 months and 1 day of separation is necessary to establish the irrevocable end of the marriage.
Separation can result from party action or conduct, or it can be done through written communication. It’s important to note that ‘separation’ refers to the end of a relationship, not merely physical separation.
It occurs when one or both parties intend to terminate the marriage or de facto partnership and then act upon that intention.
The court, in Falk (1977) FLC 90-247, highlighted the impossibility of using a mathematical formula to determine ‘separation’. Instead, evidence should compare the marital connection before and after the alleged separation.
Merely one party leaving the home doesn’t necessarily indicate separation. In Campbell and Cade (2012), the court concluded that despite the husband’s departure, the couple remained together due to maintaining intimate connections, attending social events, and jointly managing their finances.
This indicates that each relationship is unique, and assessing how separation impacts a relationship is crucial in determining whether a separation has occurred.
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