Separation Lawyers
Our separation lawyers will provide support and legal guidance through one of the most difficult periods of your life, helping you move forward to the next stage with confidence. Just separated? Get clear on your rights in a free 10-minute call.
2026
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by Acquisition International’s Global Excellence Awards
- Compassionate & Strategic Approach
- Trusted By Over 5,000 Families
- Multi-Award Winning Law Firm
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Trusted By Over 5,000 Families
Multi-Award Winning Law Firm
Compassionate & Strategic Approach
Our separation lawyers provide clear direction from the outset
Our separation lawyers understand how stressful a relationship breakdown is, and how hard it can be to work through the legal and financial matters that come with it.
We also know that decisions made in the early stages often have a direct impact on parenting arrangements, property division and your overall position. Choices made now can be difficult to reverse, particularly where finances or care arrangements are involved.
At Justice Family Lawyers, our separation lawyers provide clear, practical advice at every stage of major relationship transitions. You will understand where you stand, what needs to be addressed immediately, and how to approach the next stage with structure and purpose.
Practical guidance at every stage of separation
Whether your relationship ends amicably or in conflict, the same key issues arise for most people going through a separation.
You’ll need to establish workable parenting arrangements if you have children, identify and value assets and liabilities, and manage immediate financial responsibilities, and think about whether the property pool will be split. Early discussions and documentation around these issues can prevent misunderstandings and reduce the risk of disputes escalating.
At Justice Family Lawyers, our role is to bring structure to this process. We help you prioritise what needs to be addressed now, manage risk as your situation evolves, and take measured steps to support a stable, fair outcome.
What is meant by ‘separation’ in Australian Family law?
Legal separation in Australia involves more than living apart. It’s about the intention to end a relationship, even if you are still living together. Separation includes clearly establishing a date of separation, adjusting financial arrangements, and making workable interim plans for children if you have them.
The date of separation is integral in family law matters for de facto couples, because this date also triggers the time limits for property settlement. For separating married couples, it’s just as important as there is a 12 month separation required before you can apply for a divorce.
In some cases, if both parties cannot agree on a date of separation, further information may be required by the courts. Courts look at the overall change in the relationship before and after separation. Past court cases such as Falk (1977) and Campbell and Cade (2012) show that separation is determined by the circumstances as a whole, not one specific act.This can include changes in intimacy, shared activities, financial arrangements and domestic responsibilities, even if still living together.
Every situation is different. Our Sydney separation lawyers can help you understand how these principles may apply to your circumstances and what documentation may be helpful if your separation is questioned.
The 12-month rule - how long before you can apply for a divorce?
If you are married, you’ll need to show that a 12 month period of separation occurred before you can apply for a divorce, in line with section 48 of the Family Law Act 1975 (Cth). The court must be satisfied you are genuinely separated, and have experienced an irretrievable breakdown of marriage. If you have attempted reconciliation during this period, for under three months, you can still count the time before and after the period (or periods) of reconciliation towards the 12 month requirement. If you have reconciled for more than three months after separating, you’ll need to start the 12 month separation period from the end of the reconciliation.
You can still qualify for separation if you and your spouse were still living together for some, or all, of the 12 month period. This is quite common in Australia, but it needs to be a genuine separation period.
How Can We Help You?
Divorce & Separation
Guiding you through divorce and separation with clear advice on your rights, the process, and the steps needed to move forward with certainty.
Property Settlement
Helping you address property settlement with strategic advice on asset division, entitlements, and how to reach a fair and workable outcome.
Parenting & Child Custody
Advising on parenting and custody arrangements with a focus on your child’s best interests, while helping you understand your rights and responsibilities.
Consent Orders
Formalising your agreements through consent orders, ensuring your arrangements are legally binding and properly structured to avoid future disputes.
Prenups & BFAs
Preparing binding financial agreements that clearly set out financial arrangements, protect your position, and reduce risk if circumstances change.
Family Law Mediation
Resolving disputes through mediation with practical guidance, helping you reach informed agreements while avoiding unnecessary court involvement.
Separation under one roof in New South Wales- how to legally separate while still living together
Many de facto and married couples choose to separate and stay living together, and section 49 of the Family Law Act 1975 (Cth) recognises this. This can be due to financial reasons, while either party looks for a new place to live, for the benefit of children involved, or for other personal reasons.
If you choose to live together during your separation, it’s essential to establish a date of separation, and where possible, get this in writing. This is because it affects the date you can apply for a divorce if you are married, and triggers property settlement time limits for de facto couples.
Matters are frequently brought before the courts when the separation date is not clearly established. In Pavey & Pavey (1976), the wife’s initial application for divorce was rejected, as she and her husband lived together. She appealed the case and the divorce was granted, on the grounds that the marriage had irretrievably broken down, despite living together and occasionally sharing meals, confirming that geographical separation is just one part of what the courts see as separation.
To show that you are living together, but are separated, you may need to provide evidence that you are living independent lives, more like roommates than partners. This may be having separate bedrooms, no longer being intimate with each other, having separate bank accounts and financial arrangements, and defined household, social and parenting schedules.
Even then, having a clear date, in writing, can save a lot of headaches. Take the matter of Campbell & Cade (2012). The couple were living separately for over two years when the husband applied for a divorce in late 2011. The wife disputed the separation date of 2009, due to an ongoing intimate relationship, a shared bank account and attending social and family events together. The court agreed with Ms Cade, because it could not be clearly shown that the couple had been separated for more than 12 months at the time the divorce application was made.
In some cases, if the date of separation is disputed by either party, you’ll need to provide further verification of the separation. This may include writing an affidavit, or having an affidavit written by friends or family who are aware of your situation, confirming the changes in the relationship.
Our experienced separation lawyers can assist you to provide any required documentation, as well as help you to address any disputes regarding the date of separation.
What happens to property when you separate?
When you separate, property needs to be fairly divided between you and your former partner, within the necessary time limits. Under section 44 (3) of the Family Law Act, you have twelve months from the date your divorce order takes effect to initiate property proceedings. You can start at any time before getting a divorce. The way that property is assessed under the Family Law Act 1975 (Cth) can be complicated, and there are multiple factors that are taken into consideration during the process.
Property settlement guidelines are set out in section 79 of the Family Law Act 1975 (Cth). The framework looks at the value of the asset pool, each party’s financial and personal circumstances, earning capacity, current and future needs and contributions made during the relationship. It also considers the duration of the relationship, if there are children involved, and whether any family violence factors have impacted either party.
The first step is for both parties to provide financial disclosure, sharing all assets and debts, so the shared property pool can be assessed. This may be done through discussions with your former partner, attending mediation or lawyer assisted negotiations.
From here, you’ll need to reach an agreement on how assets will be divided, in a just and equitable manner. Some people can reach an agreement on their own, while others require support from their lawyers to do so. If an agreement cannot be reached, you’ll need to have the court decide for you. Agreements and any necessary transfers or superannuation splits can be formalised through consent orders, super splitting orders or a financial agreement.
Just separated? Get clear on your rights in a free 10-minute call.
Legal separation vs divorce - what is the difference?
In Australia, legal separation is when you and / or your spouse decide to leave your marriage. Some people attempt ‘trial’ separations, and others separate on a permanent basis. It may be a decision reached by both parties, or one person who makes the decision.
Legal separation is the date you have chosen to live separate lives, even if it is a trial separation. The courts in Australia require a 12 month period of separation before dissolving a marriage, to give both parties time to think it over, and be sure about their decision. Some people get back together temporarily or for good after a period of legal separation. Others do not, and may file for divorce 12 months later.
Many people in Australia remain legally separated but still married, for years, or even indefinitely, after a marriage ends, without applying of divorce. While there is a 12 month period of separation required before applying for a divorce, there is no timeline for when a divorce must happen in Australia, unless you choose to marry again.
Our separation lawyers focus on family law solutions that work in the real world.
Separation brings both immediate pressures and long-term decisions that can deeply shape your future. Our team provides clear advice at every stage grounded in the Family Law Act 1975 (Cth), and a strong focus on practical, workable outcomes.
We recognise that no two families are the same. Whether you are working out parenting arrangements, or need helping dividing assets, we take the time to address what matters most to you. From the start we’ll outline your options and develop strategies that are fair and realistic, providing you with greater certainty over your future. If you need separation advice in Sydney, get in touch with our team today.
The first steps after separation: a practical legal checklist
Legal separation is a process of steps, most of which don’t require court involvement. If you are wondering what to do when separating in Australia, we’ve put together a practical list that you can follow in early separation. It will ensure you know what to expect and that your separation is clearly established.
Step One: Communicate the decision to separate
For a marriage or de facto relationship to officially end, one or both partners must clearly state that the relationship has ended. This can be done verbally or in writing and should be clear in intent. Having a copy in writing can be useful for both married and de facto couples, because the date of separation is important for later divorce proceedings, as well as property settlement time limits for de factos.
Step Two: Adjust living arrangements
Many couples decide to live apart after separation, but it is possible to live separately under the same roof. If you are going to be sharing a home for some part of your separation, it’s important to adjust your living arrangements. This can involve changes such as separate sleeping areas, independent finances and altered daily routines. These arrangements may need to be documented for legal purposes.
Step Three: Inform relevant organisations
Get in touch with agencies such as Centrelink, Medicare Services Australia’s Child Support team, as well as banks and schools. Keep your personal and financial records up to date and ensure you keep any ID or other important documents safe. Certain situations may require formal documentation to confirm the separation. You may also want to update your Will, Power of Attorney, superannuation or insurance beneficiaries.
Step Four: Seek legal guidance early
Getting early advice can help you understand your rights and plan effectively. Many people make early mistakes because they don’t understand how the legal system works. Having good advice early can help prevent disputes and issues further down the line. Even if you are not ready to proceed with property or parenting matters, a quick chat can help you understand what’s required going forward, when you are ready.
Step Five: Draft a separation agreement
If possible, sit down with your former partner, and put together a ‘next steps’ document. This is a written agreement that considers how property, finances and parenting will be handled. It can also serve as the basis for binding legal orders.
Step Six: Organise parenting arrangements
Make interim or long-term care arrangements for children in an informal written plan. Include living arrangements, changeovers, schedules, schooling and healthcare decisions. These can be formalised in parenting plans or consent orders.
Step Seven: Address financial matters
You can begin by separating assets, debts and financial accounts. Keep detailed records of property ownership, contributions and valuations. Work toward a fair and documented division of finances. Both parties need to disclose their financial situation fully prior to property settlement.
Step Eight: Observe the one-year separation requirement
Married couples must be separated for at least 12 months before applying for divorce. Evidence is needed if separation occurred while living under one roof.
Step Nine: Lodge a divorce application
Once the separation period is complete, you can apply for a divorce at any time through the Federal Circuit and Family Court of Australia. Applications can be lodged jointly or individually, at any time after the 12 months of separation has passed.
Step Ten: Use mediation where possible
Mediation is generally faster, more affordable and less stressful than court. It allows couples to resolve disputes cooperatively. At Justice Family Lawyers, we regularly support clients in mediation to finalise agreements on property, parenting, or finances.
If mediation doesn’t resolve the issue, you may need to apply to the court to determine your matter. If your matter is related to parenting, you will need to mediate first in most cases, and will be given a Section 60I Certificate (or 66H in Western Australia) if mediation is unsuccessful, which can be used in a court application. We are ready to represent you in court when necessary, but we often find matters can be successfully resolved out of court with the right approach.
How Justice Family Lawyers help from the moment of separation
At Justice Family Lawyers, our separation lawyers combine professional expertise with genuine understanding of the challenges that come with relationship breakdown. We work closely with you to address both the legal and personal aspects of your separation so you can make informed decisions that align with your circumstances and future goals.
Choosing Justice Family Lawyers means choosing a team that listens. We take the time to hear your concerns, address your priorities and create strategies that reflect your needs. While we approach every matter with legal skill, compassion and respect are an integral part of our process, ensuring you feel supported throughout our time working together.
How We Work Together
Step 1. Book Free Discovery Call
We listen to your situation, identify the immediate issues and help you understand the most sensible next step.
Step 2. Get Clear Advice
We explain your legal position, answer your questions and outline a practical strategy for divorce, parenting and property matters.
Step 3. Confident Resolution
We work toward a legally binding outcome through negotiation, mediation, or court, where required, so you can move forward with certainty.
Parenting arrangements during separation - your immediate rights
Working out how to manage parenting arrangements long-term doesn’t have to be organised in one step during separation. Both parents have the right to spend time with their children, as long as no safety concerns exist, and arrangements are in the best interests of the child, or children, which is a key principle for parenting matters as set out in section 60CC of the Family Law Act 1975 (Cth).
Section 60CC(2) outlines the courts considerations of what arrangements best serve a child’s safety and wellbeing, and the people with care of the child, any views expressed by a child, the needs of the child, and the capacity of parents of carers to have parental responsibility for the children’s needs, as well as the benefit to the child to have meaningful relationships with their parents and others who care for them.
Some separating couples have a clear idea of long-term parenting arrangements, and may choose to formalise them early on with consent orders, which are legally enforceable. Others may prefer to use a parenting plan (a written agreement between parents), that outlines care arrangements, and bigger picture matters like schooling, health matters and what happens on school holidays and special events.
If you are unable to make arrangements, mediation is generally the first step, or working with a family and separation lawyer in Sydney who can negotiate on your behalf. If you have been denied access, or either parent is considering relocation, you may need to attend court if you can’t sort things out in mediation.
Our team has worked with thousands of families over the years, helping them to reach fair and workable parenting agreements. If you have questions about what to do next, or need support to reach an agreement, get in touch with our team for a chat about how we can help.
Just separated? Get clear on your rights in a free 10-minute call.
How Justice Family Lawyers support you through the separation process
Our separation lawyers can help you with every part of the legal process, from pre-separation advice through to resolving post-separation disputes.
Legal Consultation
Receive clear, practical information that helps you understand your position. You can discuss your options and potential approaches before making major decisions. We’ll identify any steps that may help preserve your rights.
Property Settlements
We can assist in identifying and valuing shared assets, liabilities and contributions during the early stages of financial disclosure. Our team will support negotiations or mediation to reach a fair division, and from there, prepare formal agreements or consent orders where required.
Parenting & Child Support
We’ll work with you to create child-focused parenting arrangements that promote stability. We can provide information on ‘custody’, time arrangements and decision-making responsibilities. We can also assist with child support calculations and agreements, and resolving any related issues.
Spousal Maintenance
In some separations, ongoing or short-term financial support may be available to one party. We can assist with assessing eligibility, and negotiating and documenting any maintenance arrangements. If we can’t find a way forward, we’ll represent your interests if court involvement becomes necessary.
Post-Separation Planning
Our team can assist with financial restructuring and updating important legal documents, as well as providing guidance on managing joint obligations after separation. We can also review and adjust parenting or financial agreements if your circumstances change.
Drafting Separation Agreements
Our separation lawyers prepare clear, legally binding agreements for asset division, responsibilities and parenting matters. We’ll ensure agreements are written to minimise misunderstandings, and use these agreements as the basis for formalising arrangements in court if needed.
Legal Modification of Agreements
Sometimes, it’s necessary to apply to change existing agreements when life circumstances shift. We will ensure proposed changes remain fair and legally compliant, managing variations to consent orders or informal agreements through negotiation or court applications.
You Are In Safe Hands
Work with highly awarded separation lawyers who have helped thousands of Sydney families.
Our separation lawyers have worked with many families and separating couples across Sydney, Parramatta and Western Sydney, helping them to understand the challenges that arise during separation. From disagreements over parenting to inability to agree about financial adjustments, we know how to guide our clients forward.
Whether your situation is relatively straightforward or highly complex, we provide consistent and considered guidance at each step. Get in touch today to discuss your options to reach a fair resolution.
Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
Frequently Asked Questions
Can we make informal parenting or financial arrangements without a lawyer?
Yes you can, but formalising arrangements can provide peace of mind, legal certainty and reduce the likelihood of disputes. If you do not settle your property matters in a legally binding way, either party may later be able to make a property claim through the court. If you have decided on informal arrangements, chat to a separation lawyer to ensure that your agreement will protect your interests long-term.
Do I need to move out to be considered separated?
No. You can live under the same roof and still be considered separated if there is evidence that the relationship has ended, such as separate sleeping arrangements or financial independence. If you are separated under the same roof, it’s important to get a separation date in writing if possible to avoid any disputes going forward.
When can I apply for a divorce?
You must be separated for at least 12 months and one day before lodging an application for divorce in Australia. If you are living under the same roof during this period, additional proof will be required, in the form of a written agreement of affidavits from you, your spouse or friends and family who are aware of the changes.
I’m experiencing family violence during our separation, what can I do?
If you have immediate safety concerns, contact police. You also have the option of getting an AVO, which provides protection for the applicant if granted. There are also many domestic violence support services that can assist while you are going through separation. Our AVO lawyers can provide advice specific to your situation, and also regarding any parenting or property matters that may be impacted by family violence.
What if my partner does not agree to separate?
In Australia, only one person needs to decide to separate from a marriage, you don’t require the other person’s permission. If you are concerned that there may be any disputes about the date of separation, you can email the other party to have a record of that in writing.
What happens to our joint finances or debts?
Shared finances and debts will need to be reviewed and divided fairly. Property settlement can be a complicated process depending on the amount of assets and debts that both of you have. If you can reach an agreement on most matters, a separation lawyer can assist you to negotiate any outstanding details and formalise your agreement. If you are having issues agreeing, mediation, or even court may be required to finalise shared financial matters.
Get Started Today
If you are going through relationship breakdown, our separation lawyers can assist you with every step of the process, from pre-separation advice through to formalising parenting and property agreements. Book your free discovery call today.