Separation Law Experts
Very few clients come into our office before they have made the decision to separate from their husband, wife or partner. In fact, it’s not uncommon for people to wait many months following a separation to see a family lawyer.
Making the decision to separate is more often than not an emotional time, that can bring some financial stress along with it too. By being proactive and discussing the first steps in a separation from your husband or wife with an experienced family lawyer, you can experience the benefit of being given invaluable advice early on.
What is a Legal Separation?
A legal separation where one or both parties formally announce the end of the relationship, does not automatically end the responsibilities of marriage or domestic partnership. A legal separation is an alternative to formal divorce or separation certificate for domestic couples who do not want to live together as a husband and wife or in a genuine domestic relationship.
Couples who are legally separated may decide to continue to live under the same roof for a period of time or immediately live in separate households as they make informal arrangements for their finances and children.
There can however be consequences for schools and authorities recognizing custody, property settlement entitlements, child support and even inheritance if there is no formal divorce and binding financial agreement and/or consent order to deal with those matters.
Accredited family law specialists or a family law accredited firm can help you decide if legal separation is the right choice or if it is to your advantage to seek a formal divorce, and or any property or custody agreement.
The first steps to separate from your husband, wife or partner.
If you’re in a relationship which is on the verge of breaking down or you have decided that separation might be the best course of action for you, it can be overwhelming to know where to start and what the first steps to separate are.
How you handle the lead-up to or, the immediate period after a separation can be an important factor in getting the best result for yourself and your children. If you’re in the position to remain amicable with your ex-partner, this can help to avoid costly and lengthy family law court proceedings.
By meeting early on with a family lawyer before you announce the separation, you can receive advice on what to do (and not do) before you separate. We strive to help resolve your property settlement and custody arrangements after separation- quickly and as cost effective as possible.
Talk to a family lawyer today about your rights with our consults.
- Have an idea of where you would like your children to live and whom with when you are working or not available
- Verbalise to your spouse that you are looking to separate (but plan this carefully and with support and advice if there has been or is likely to be any domestic violence)
- Keep a diary on notes on key dates for your separation, key events concerning the children and any actions of the other party
- Create a list of any assets or any loans that you and your partner have, both separately and jointly
What are the Benefits of a Legal Separation?
There are many reasons why couples may choose to simply informally separate instead of divorce or legally contract to an approved binding financial agreement.or consent order. Some couples want to trial living apart first before making a final decision whether to divorce and end their relationship or setting into stone all the new arrangements.
There are several benefits to legally separating, including:
- Separation can offer couples time to decide if they want to end their relationship without the finality of a divorce. It may also assist the situation if there has been domestic violence or drug and alcohol use and someone needs the time and space to make amends.
- Legal separations can take advantage of social security and child support rules if recognized by those agencies.
- Legal separation can simplify matters if the couple decides to divorce later on. The terms of their informal separation agreement can be incorporated into formal binding legal documents, making the process quicker and easier.
- It can relieve the stress of negotiations by not being in the same household but communicating only by email and phone.
It is essential to consult with experienced separation/divorce lawyers in Melbourne if you are considering a legal separation. A legal separation lawyer can help you understand potential benefits and drawbacks of different arrangements and answer any questions you may have about family law and legal proceedings.
What Is The Difference Between Divorce And Separation?
When a married couple decides to end their relationship, they have two legal options: divorce or separation. Although these terms are often used interchangeably, there are significant differences.
A divorce is a legal termination of a marriage. Once the divorce is finalised, the couple is no longer married, and they are free to remarry if they choose. In order to get a divorce, one spouse must file a divorce application with the court, and the other spouse must be served with it. There is then a divorce hearing scheduled some months ahead, at which time the court will pronounce a divorce order that officially ends their marriage once it is issued (usually within 30 days).
Separation, on the other hand, does not legally terminate a marriage. This means the couple is still technically married even though they live apart. A separation can last for a few weeks, months or even years. This allows the couple to live apart while working out their issues. They can even begin living with someone else during this time if they choose.
Some Warnings:
- De facto couples who separate have 2 years from the date of their separation to use the courts to seek property settlement orders, otherwise they may be stuck with whatever financial division they were left with.
- If a married couple divorce and are no longer legally married, they have only 12 months to use the courts to seek property settlement orders, otherwise they may be stuck with whatever financial division they were left with.
What you’ll need to consider when first deciding to separate:
- Collating or taking copies of all important documents such as marriage certificates and birth certificates
- Consider where you will live, will you or your ex-partner move out
- Have a rough idea in mind of where you would like children to live
- Verbalise to your spouse that you are looking to separate
- Keep a diary on notes on key dates for your separation
- Create a list of any assets or any loans that you and your partner have, both separately and jointly
Preparing for your separation
Finding a specialist family lawyer you feel comfortable speaking with, prior to or immediately after separation (prior to is best). This allows you to obtain legal advice that can ensure you approach the separation with the best chance of being able to separate amicably. Advice can also be given about preserving assets and documents of disclosure, so there are less chances of nasty tricks being played later.
Speaking early on to an experienced family lawyer can help you understand your unique circumstances and make you aware of your obligations and rights.
If you have a legal matter that you need help on, in particular, family law, wills, probate and administration, property law and conveyancing, our team are here to help.
