Separation Lawyers
Your Trusted Separation Lawyers
At Justice Family Lawyers, we understand that separation is more than a legal process—it’s a deeply personal and often emotional shift in life. Our team of experienced separation lawyers offers steady support and practical guidance to help you make informed decisions for your future.
When you choose Justice Family Lawyers, you’re working with professionals who value empathy as much as legal precision. We listen to your concerns and tailor our approach to your specific situation, always aiming to reduce conflict and protect your wellbeing.
Our team of family lawyers in Sydney is highly familiar with the complexities that arise from separation, especially when children, shared assets, or financial dependencies are involved. We prioritise clear communication and practical solutions that help you move forward with confidence.
By trusting Justice Family Lawyers, you gain a legal team committed to reaching outcomes that reflect your needs. Whether your separation is amicable or more complicated, we are here to stand beside you with consistent, reliable support.
“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
Our Services
At Justice Family Lawyers, we provide tailored and comprehensive legal support throughout your separation. Our services cover every stage of the process, ensuring your rights are protected and your future is carefully considered. Each matter is handled by experienced family lawyers in Sydney with a focus on clarity, compassion, and lasting outcomes.
- Legal Consultation
- Get clear, practical advice tailored to your situation.
- Understand your legal position, options, and obligations from the outset.
- Our team helps you make informed decisions before taking any major steps.
- Property Settlements
- Identify, value, and divide shared assets and debts fairly.
- Our Justice Family Lawyers can guide you through negotiations or mediation.
- We also prepare formal settlement agreements or consent orders when required.
- Drafting Separation Agreements
- Prepare legally binding agreements that document how assets, responsibilities, and parenting matters will be handled.
- Ensure clarity to reduce future disputes or misunderstandings.
- Agreements can be submitted to the court or used as a foundation for consent orders.
- Legal Modification of Agreements
- If your situation changes, we help you apply to vary existing parenting or financial agreements.
- Our family lawyers in Sydney ensure proposed changes meet legal standards and remain fair for all parties.
- This may include modifying consent orders or informal agreements through negotiation or court.
At Justice Family Lawyers, our aim is to simplify the legal process and empower you to move forward with confidence. We’re committed to delivering compassionate service and sound legal outcomes across Sydney and surrounding areas.
- Child Custody and Support
- We assist in developing child-focused parenting arrangements that promote stability.
- Guidance on legal and practical aspects of custody, visitation, and relocation.
- Assistance with calculating child support and managing disputes if they arise.
- Spousal Maintenance
- Advice on whether financial support between former partners applies to your case.
- Help with negotiating and formalising maintenance payments—temporary or long-term.
- Representation if court intervention is required to secure fair arrangements.
- Post-Separation Planning
- Support with restructuring finances, updating wills, or managing joint obligations.
- Advice on rebuilding your legal and personal framework after the relationship ends.
- Assistance with adjusting co-parenting or financial agreements as your circumstances change.
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How to Legally Separate in Australia
- Communicate the Decision to Separate
- One or both partners must express a clear intention to end the relationship.
- This communication can be verbal or written but must show that the relationship has ended.
- The date of separation becomes important later when applying for divorce.
- Adjust Living Arrangements
- It’s not necessary to live in separate homes. You may live under one roof and still be legally separated.
- What matters is whether your daily lives are separate—this includes sleeping in separate rooms, not sharing meals, and managing separate finances.
- Justice Family Lawyers can help document these arrangements if needed for court.
- Inform Relevant Organisations
- Notify institutions such as Centrelink, Medicare, the Child Support Agency, banks, and schools.
- This helps establish a record of separation and ensures your information is up to date.
- Our family lawyers in Sydney can advise which documents may be needed for official updates.
- Create Parenting Arrangements
- If you have children, make temporary or long-term care plans that suit their needs.
- This may include schedules for time with each parent, education, and health care decisions.
- We can assist in formalising parenting plans or consent orders if needed.
- Address Financial Matters
- Begin identifying and separating shared assets, debts, and bank accounts.
- Keep records of ownership, contributions, and current values.
- Justice Family Lawyers can help you work toward a fair and legally sound property settlement.
- Seek Legal Guidance Early
- A consultation with our family lawyers in Sydney ensures you understand your rights and obligations.
- We help you plan next steps and avoid decisions that could affect your legal position later.
- Early advice often leads to smoother outcomes, especially when agreements can be reached out of court.
- Draft a Separation Agreement
- A written agreement helps clarify how property, parenting, and financial matters will be managed.
- It’s useful even in amicable situations and can later form the basis for legally binding orders.
- Our team at Justice Family Lawyers can draft or review your agreement to ensure fairness and compliance.
- Observe the One-Year Separation Requirement
- Australian law requires couples to live separately (even under one roof) for at least 12 months before filing for divorce.
- You must be able to show that the relationship ended and did not resume during this time.
- Lodge a Divorce Application
- Once the 12-month period is complete, you can file for divorce through the Federal Circuit and Family Court of Australia.
- You can apply jointly or individually. Our firm can assist with application preparation and filing.
- Use Mediation Where Possible
- Mediation is often faster and less stressful than court. It allows couples to resolve disputes cooperatively.
- Justice Family Lawyers regularly supports clients in mediation to finalise agreements on property, parenting, or finances.
- If mediation doesn’t resolve the issue, we are ready to represent you in court when necessary.
What Is Separation
Separation is more than physical distance. Under the Family Law Act 1975, a couple may still be legally separated even while living in the same household. What matters is the intention to end the relationship and the actions that support that decision.
Not every separation follows a clear script. The court looks at how a couple’s relationship changed before and after the declared separation. This includes changes to intimacy, communication, joint finances, and shared responsibilities.
For example, in Falk (1977) and Campbell and Cade (2012), the court highlighted that separation is not defined by moving out or a single event. Instead, it’s a combination of circumstances that show the relationship has ended.
Each situation is unique. At Justice Family Lawyers, we help you understand how these legal concepts may apply to your case. Our experienced family lawyers in Sydney work closely with you to prepare documents, assess timelines, and offer practical advice every step of the way.
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
Frequently Asked Questions
No. You can live under the same roof and still be separated, as long as there is evidence of a breakdown in your relationship—such as separate sleeping arrangements or no longer sharing finances or meals.
Yes, but it’s safer to formalise any agreement with legal help. This can prevent misunderstandings or future disputes. Justice Family Lawyers can assist with drafting binding agreements that protect both parties.
You need to be separated for at least 12 months and one day before you can apply. If you’ve been living under one roof during that time, you will need extra evidence to show the relationship had ended.
Only one party needs to decide to separate. You must then act consistently with that decision. If there is resistance or conflict, it’s best to speak with Justice Family Lawyers for guidance.
These need to be divided, and in some cases, frozen or adjusted to prevent issues. Our family lawyers in Sydney will help you work out a fair division and suggest what documents to gather to support your claims.
Learn what steps you can take next.
Let Justice Family Lawyers Support You Through Separation
If you’re feeling overwhelmed or unsure where to begin, you’re not alone. Justice Family Lawyers are here to help you make sense of the separation process with kindness and clarity.
Our team of skilled family lawyers in Sydney is ready to assist with practical steps, legal documents, and emotionally aware advice tailored to your needs. We take the time to understand your story and offer guidance you can trust.
Book a confidential consultation with Justice Family Lawyers today. Let us help you move forward with confidence and peace of mind.
Let us Help You
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