Family Law – Separation

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Separating from a spouse or partner is a time of upheaval and change, and it can be difficult to define an exact date of separation in some cases. Although there is no legal obligation to register separation, it could be the right time for Taylor & Scott Lawyers assistance for updating your will, power of attorney, enduring guardianships and binding nominations regarding superannuation.

What is legal separation?

Family Law defines Separation as the bringing to an end of a marriage or de facto relationship. The date of separation may need to be proved if it is contested by the other party, so it’s a good idea to retain evidence of your separation, such as email messages, text messages, voicemail messages and conversations.

Property settlement outcomes during cases for married and de facto partners can hinge on separation timelines. If there are children involved, the matter can become complex, and spousal maintenance is also an issue worth consideration. It’s important to get your dates and facts straight, as strict timeframes and guidelines apply in separation matters.

How long must you be separated before you apply for a divorce?

Applicants are expected to provide true and correct information, including evidence of at least 12 months separation prior to filing an application for a divorce. In regards to de facto relationships, the duration of your relationship will help determine settlement outcomes. There is a two-year time limit from the time of separation for bringing legal proceedings, with the date of separation again playing a significant role.

What should you consider before separating?

There will be a multitude of things to consider before separating, so it can be easier to tidy most loose ends with the assistance of Taylor & Scott Family Law professionals. For starters, we can help you to draft a separation agreement, or ‘Binding Financial Agreement’ under the Family Law Act. Once both parties have legal clarity and certainty regarding assets and debts it will be possible to move forward.

Separation and divorce proceedings don’t determine outcomes related to property, maintenance or parenting arrangements for children. Taylor & Scott Lawyers are here to shine a light on your path forward and are known as expert mediators who strike a fair deal. We can help you structure a financial or maintenance plan, assist with formal documentation, negotiate with opposing legal teams and even represent you in court if required.

If there are children involved in the separation, the Court will need to be satisfied that suitable arrangements are set in place for housing, health, education, contact and financial support. The relationships remain a balancing act, just as they did during the marriage or de facto partnership, although Taylor & Scott assistance will help you get the balance right for the benefit of everyone.

What should you arrange after separating?

Separation is often the end result of an emotional time, where denial, anger, sadness and depression add to the difficulty. Moving forward with acceptance and adjustment to a new life is possible, and it’s also worth appreciating that not everyone moves on at the same pace. Taylor & Scott Lawyers will guide you through the steps to take so that you aren’t financially burdened during difficult times. Things we consider when supporting your arrangements include:

Who will take care of the children
Who will stay in the house
How you will financially support yourselves
What will happen to the house, car and assets
Who will pay outstanding bills and debts
Who will pay the mortgage

Taylor & Scott have been applying values of fairness to Family Law situations since the practice was established in 1905. Our team of legal experts are leaders in their respective fields, including Family Law professionals who are on hand to assist you in achieving fair separation outcomes.

What is legal separation?

Family Law defines Separation as the bringing to an end of a marriage or de facto relationship. The date of separation may need to be proved if it is contested by the other party, so it’s a good idea to retain evidence of your separation, such as email messages, text messages, voicemail messages and conversations.

Property settlement outcomes during cases for married and de facto partners can hinge on separation timelines. If there are children involved, the matter can become complex, and spousal maintenance is also an issue worth consideration. It’s important to get your dates and facts straight, as strict timeframes and guidelines apply in separation matters.
How long must you be separated before you apply for a divorce?

Applicants are expected to provide true and correct information, including evidence of at least 12 months separation prior to filing an application for a divorce. In regards to de facto relationships, the duration of your relationship will help determine settlement outcomes. There is a two-year time limit from the time of separation for bringing legal proceedings, with the date of separation again playing a significant role.
What should you consider before separating?

There will be a multitude of things to consider before separating, so it can be easier to tidy most loose ends with the assistance of Taylor & Scott Family Law professionals. For starters, we can help you to draft a separation agreement, or ‘Binding Financial Agreement’ under the Family Law Act. Once both parties have legal clarity and certainty regarding assets and debts it will be possible to move forward.

Separation and divorce proceedings don’t determine outcomes related to property, maintenance or parenting arrangements for children. Taylor & Scott Lawyers are here to shine a light on your path forward and are known as expert mediators who strike a fair deal. We can help you structure a financial or maintenance plan, assist with formal documentation, negotiate with opposing legal teams and even represent you in court if required.

If there are children involved in the separation, the Court will need to be satisfied that suitable arrangements are set in place for housing, health, education, contact and financial support. The relationships remain a balancing act, just as they did during the marriage or de facto partnership, although Taylor & Scott assistance will help you get the balance right for the benefit of everyone.
What should you arrange after separating?

Separation is often the end result of an emotional time, where denial, anger, sadness and depression add to the difficulty. Moving forward with acceptance and adjustment to a new life is possible, and it’s also worth appreciating that not everyone moves on at the same pace. Taylor & Scott Lawyers will guide you through the steps to take so that you aren’t financially burdened during difficult times. Things we consider when supporting your arrangements include:
- Who will take care of the children
- Who will stay in the house
- How you will financially support yourselves
- What will happen to the house, car and assets
- Who will pay outstanding bills and debts
- Who will pay the mortgage
Taylor & Scott have been applying values of fairness to Family Law situations since the practice was established in 1905. Our team of legal experts are leaders in their respective fields, including Family Law professionals who are on hand to assist you in achieving fair separation outcomes.