Separation Lawyers
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Your Trusted Separation Lawyers
At Justice Family Lawyers, our separation lawyers combine professional expertise with genuine understanding. We work closely with you to address both the legal and personal aspects of your separation so you can make decisions that suit your circumstances and future goals.
Choosing Justice Family Lawyers means choosing a team that listens. We take the time to hear your concerns, clarify your priorities and create strategies that reflect your needs. While we approach every matter with legal skill, we also value compassion and respect, ensuring you feel supported throughout the process.
Our family lawyers in Sydney are experienced in the challenges that separation can bring, including parenting arrangements, asset division and financial changes. We aim for solutions that are practical, reduce unnecessary conflict and allow you to move forward with greater certainty.
Whether your separation is straightforward or complex, we are committed to being a steady presence and working with you toward outcomes that are fair and workable.
“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
We provide tailored support for each stage of separation, addressing both immediate concerns and long-term considerations. Every matter is managed by our experienced Sydney family lawyers, with a focus on clarity, compassion and sustainable outcomes.
- Legal Consultation
- Receive clear, practical information that helps you understand your position.
- Discuss your options and potential approaches before making major decisions.
- Identify any steps that may help preserve your rights.
- Property Settlements
- Assist in identifying and valuing shared assets, liabilities and contributions.
- Support negotiations or mediation to reach a fair division.
- Prepare formal agreements or consent orders where required.
- Drafting Separation Agreements
- Prepare clear, legally binding agreements for asset division, responsibilities and parenting matters.
- Ensure agreements are written to minimise misunderstandings.
- Use agreements as the basis for formalising arrangements in court if needed.
- Legal Modification of Agreements
- Apply to change existing agreements when life circumstances shift.
- Ensure proposed changes remain fair and legally compliant.
- Manage variations to consent orders or informal agreements through negotiation or court applications.
At Justice Family Lawyers, we aim to make the process as straightforward as possible while safeguarding your interests at every stage.
- Child Custody and Support
- Work with you to create child-focused parenting arrangements that promote stability.
- Provide information on custody, time arrangements and decision-making responsibilities.
- Assist with child support calculations and resolving related issues.
- Spousal Maintenance
- Assess whether ongoing or short-term financial support may be applicable.
- Help negotiate and document maintenance arrangements.
- Represent your interests if court involvement becomes necessary.
- Post-Separation Planning
- Assist with financial restructuring and updating important legal documents.
- Provide guidance on managing joint obligations after separation.
- Review and adjust parenting or financial agreements if your circumstances change.
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How to Legally Separate in Australia
Legal separation does not always require court involvement at the outset, but certain practical and legal steps should be followed to ensure your situation is clearly established.
- Communicate the Decision to Separate
- 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.
- The date of separation is important for later divorce proceedings.
- Adjust Living Arrangements
- It is possible to live separately under the same roof.
- 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.
- Inform Relevant Organisations
- Notify agencies such as Centrelink, Medicare, the Child Support Agency, banks and schools.
- Keep your personal and financial records current.
- Certain situations may require formal documentation to confirm the separation.
- Create Parenting Arrangements
- Make interim or long-term care arrangements for children.
- Include schedules, schooling and healthcare decisions.
- These can be formalised in parenting plans or consent orders.
- Address Financial Matters
- Begin separating assets, debts and financial accounts.
- Keep detailed records of property ownership, contributions and valuations.
- Work toward a fair and documented division of finances.
- Seek Legal Guidance Early
- Early advice can help you understand your rights and plan effectively.
- Avoiding missteps early can help reduce later disputes.
- Draft a Separation Agreement
- A written agreement can clarify how property, finances and parenting will be handled.
- It can also serve as the basis for binding legal orders.
- Observe the One-Year Separation Requirement
- Couples must be separated for at least 12 months before applying for divorce.
- Evidence is needed if separation occurred while living under one roof.
- Lodge a Divorce Application
- Once the separation period is complete, apply through the Federal Circuit and Family Court of Australia.
- Applications can be lodged jointly or individually.
- 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
Under the Family Law Act 1975, separation is defined by the intention to end a relationship and actions that support that decision, rather than simply living apart. Couples may still be separated while living in the same home, provided their conduct reflects a genuine end to the relationship.
Courts look at the overall change in the relationship before and after separation. This can include changes in intimacy, shared activities, financial arrangements and domestic responsibilities.
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.
Every situation is different. Our Sydney family lawyers can help you understand how these principles may apply to your circumstances and what documentation may be helpful if your separation is questioned.
We address all aspects of family law
Your journey, our advocacy.
Frequently Asked Questions
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.
Yes, but formalising arrangements can provide clarity and reduce the likelihood of disputes.
You must be separated for at least 12 months and one day before lodging an application. If living under the same roof during this period, additional proof will be required.
Only one person needs to decide to separate, but it is important to act consistently with that decision.
These will need to be reviewed and divided. In some cases, accounts may need to be altered or closed to avoid complications.
Learn what steps you can take next.
Let Justice Family Lawyers Support You Through Separation
If you are feeling uncertain about the road ahead, Justice Family Lawyers can provide steady guidance and understanding throughout your separation.
Our Sydney family lawyers can assist with planning, documentation and strategies that fit your situation. We take the time to listen and ensure you feel supported at every stage.
Contact us for a confidential consultation and begin taking practical steps toward your next chapter.
Let us Help You
Reach out for an exploratory conversation.