Separation Lawyers

Separation is heartbreaking, but it doesn’t have to be overwhelming. Let our caring legal team guide you through.

“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

    Divorce Lawyers Mornington

    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.

    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.

    separated under the same roof


    Star reviews 1 - separation lawyers
    Very prompt, knowledgeable & helpful. A pleasure to speak with.
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    Colleen Stewart
    Justice Family Law was prompt and efficiently answered my questions during my initial enquiry providing me with confidence to participate in a 10 min complementary appointment with a solicitor on the same day. Following this appointment I happy with JFL enough to begin proceedings.
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    Dean Davies
    Expertise, clarity and professionalism when needed. Appreciated and Valued.
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    David Robinson
    I received excellent legal representation. Juliana’s and Monique’s professionalism is remarkable, along with their knowledge and execution of the law. With this being, not only a very difficult situation, but it was also an extremely sensitive and emotional time in my life and Monique handled this case from beginning to end with what I would consider perfection in every aspect. Highly recommend !! 🤗🤗😊 Thanks, J Yousef
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    Jala channel
    Ver helpful and friendly staff. I talked to one of their representatives. It was very helpful talking to them.
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    Muhammad Umair Mujahid
    Thanks Julianne for providing best services for our case. She answered all of my questions timely. She provided best possible legal advice for our case. We get the best outcome.☺️
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    Yin Min Theingi