Divorce & Separation
Dealing with a separation, or anticipating separation, can be an overwhelming and
confusing process for most people. Our team specialises in addressing complex issues,
and are committed to making the process as seamless and stress-free as possible.
What is separation?
Separation is defined under section 49 of the Family Law Act 1975. It is described as the
end of an intimate partner relationship. This is inclusive of a marriage or de facto
relationship. You can still be deemed separated if you continue residing with your expartner
under the one roof.
How do I separate from my partner?
When you have made the decision to separate, it is recommended that it is made clear to
your partner that the relationship has ended. It is also important to remember the date
you separated. Some other things to consider are:
- Advising any relevant authorities that you are separated, such as Centrelink, Child Support and Medicare;
- Telling the important people in your life, such as family or friends;
- Making arrangements for your children, such as deciding where they will live;
- Protecting yourself online (e.g. changing any passwords that your ex-partner might know);
- Gathering as much financial information about the relationship, including documents relating to the assets and liabilities, such as bank statements and tax returns.
Does one of us have to leave the family home?
It is recommended that you continue residing in the former family home, unless you or
the children are at risk of experiencing family violence.
Parties can also agree to remain separated under the same roof. If you do decide to
continue residing under the same roof with your former partner, you may need to prove
separation. This might include detailing:
- where you each sleep;
- what cooking and cleaning you each do;
- whether your family and friends think you are separated;
- how you each manage your money; or
- how you communicate with each other.
Do I lose my rights if I leave?
No. If you leave the family home, you will not lose your rights to the house. However, once
you leave it may be difficult to regain access.
What should I take if I leave?
It is best to take all your legal and financial papers with you, if it is safe. This includes:
- birth and other certificates;
- your Will;
- passports;
- visas;
- ATM cards, bank statements and cheque books;
- superannuation, tax and other financial papers.
You can also take:
- personal belongings, such as photographs;
- practical items you need for yourself and your children, such as clothing, essentials, and toys.
How can Northcote Lawyers help?
Dealing with the emotional side of separation and divorce can already be challenging. Northcote Lawyers is committed to making the practical and legal side of the process easier for you. Engaging experienced lawyers means you can be rest assured that all legal procedures are adhered to, and your application is completed as seamlessly as possible.
If you require assistance making a Divorce application or are unsure whether you are eligible for divorce, please contact our office by phone or make a booking online to meet with one of our expert family lawyers, with your initial 30 minutes free.
(03) 9486 1661
We can help. Call now